September 2, 1998

To:North York Community Council

From:Bryan W. Tuckey

Director, Community Planning, North District

Subject:PRELIMINARY EVALUATION REPORT

TEMPORARY USE BY-LAW APPLICATION

Alysse Fogel

31 Foursome Crescent

Ward 9 - North York Centre South

UD52-98-01

Purpose:

This is a preliminary evaluation of an application for a temporary use by-law to legalize a professional medical office (dietician's practice) as a home occupation for a period of three years.

Financial Implications:

None

Recommendations:

It is recommended that:

(1)staff, in consultation with local Councillors, undertake community consultation; and

(2)staff prepare a final report evaluating the proposal and provide notice of the Statutory Public Meeting at the appropriate time.

Background:

Proposal

The proposal is for a temporary use by-law to legalize an existing 19m² dietician's office in a portion of the basement of a two-storey, single detached dwelling for a three year period. The applicant has indicated that a three year temporary use would enable her to continue the business while caring for young children. This application was submitted in response to By-law Enforcement issuing a Notice of Violation dated April 1, 1998, for having a commercial operation on site which is not permitted under the current zoning. The site statistics are as follows:

Community Input

To date, a petition, letters and telephone calls have been received from area residents outlining concerns related to increased traffic, safety, parking, volume of clients along with other issues listed in the attached correspondence (Appendix "A").

Official Plan and Zoning By-law

The lands are designated Residential Density One (RD1) which permits primarily single and semi detached dwellings. The official plan also permits minor commercial uses provided they are ancillary to the residential use and serve the local population.

The property is zoned One Family Detached Fourth Density Zone (R4). A dietician's office is not a permitted use in the R4 zone.

Discussion:

The following preliminary issues have been identified:

1.Medical Offices as Home Occupations

Up to 1996, a limited number of home occupations including offices of doctors, dentists and drugless practitioners were permitted uses in residential zones. These uses have been removed from the Zoning By-law and staff recommended policies on home occupations identified medical offices as not being appropriate home occupations as a result of the anticipated impacts on the neighbourhood.

2.Compatibility Criteria

During the preparation of the North York Housing Policies staff had recommended a set of criteria to be considered when evaluating home occupations. These criteria have formed the basis for review of recent home occupation applications and will be applied to evaluating the merits of this proposal. In particular, the impact of the proposed home occupation in relation to traffic, parking requirements, type of business operation and frequency of client appointments will be evaluated to determine if the home occupation meets Council's objective of enhancing residential neighbourhoods and ensuring that they continue as pleasant and safe living environments.

3.Temporary Use

Past applications for temporary use bylaws have generally been for interim uses pending future redevelopment of a site or local investment area. The proposed temporary use shall be evaluated within the context of its establishment on-site given that the proposal is located within a stable residential area and the area is not undergoing change or redevelopment.

Conclusions:

The proposal for a temporary use bylaw for a 19m² dietician's office as a home occupation will be evaluated within the context outlined in this report and community consultation will be undertaken in consultation with local area councillors.

Contact Name:

Mary McElroy

Telephone: (416) 395-7143

______________________________

Bryan W. Tuckey

Director, Community Planning, North District

APPENDIX "A"

APPENDIX "B"

STAFF APPROVED CRITERIA FOR EVALUATING HOME OCCUPATION PROPOSALS

The following is a list of criteria used to evaluate past home occupation applications:

1.the proposed use does not change the residential character of the dwelling;

2.the use is conducted by a member or members of the household who reside in the dwelling;

3.does not involve any exterior display of merchandise or outdoor storage of materials or goods;

4.the use does not create or become a public nuisance, particularly with regard to noise, odours, traffic, parking or radio and television interference;

5.only equipment, machinery or vehicles that are consistent and compatible with surrounding residential uses are used on site;

6.adequate on-site parking is provided;

7.the use is not substantially apparent to persons outside the residence;

8.the floor area devoted to the home occupation does not generally occupy more than 25% of the total floor area of the building; and

9.home occupations shall not contravene any applicable Federal and/or Provincial legislation.