North York Civic Centre

5100 Yonge Street

North York, Ontario

Canada M2N 5V7

www.city.toronto.on.ca

Tel: 416-395-7100

Fax: 416-395-7155

Urban Planning and Development Services

September 24, 1998

To:North York Community Council

From:Bryan W. Tuckey

Director, Community Planning, North District

Subject:FINAL REPORT

TEMPORARY USE BY-LAW APPLICATION

Alysse Fogel

31 Foursome Crescent

Ward 9 - North York Centre South

UD52-98-01

Purpose:

The purpose of this application is to evaluate 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 the application be refused.

Background:

The proposal is for a temporary use by-law to permit 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:

Site Location:

The site is located at 31 Foursome Crescent, opposite Charo Road. Single detached houses surround the property and it is situated within the interior of a stable residential neighbourhood.

Official Plan

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.

Zoning By-law

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

Department Comments:

The Works and Emergency Services Department indicates that the applicant is to arrange for private waste collection for the business portion of the dwelling (Schedule D).

Transportation Services indicate that all parking associated with the dietician's office is to be contained on the site (Schedule E).

Community Input:

Through petitions, letters and telephone calls to the Planning Department and to the offices of the local councillors, area residents have expressed concerns related to the impact of the business operation on the residential neighbourhood. It is our understanding that the business began operation approximately one year ago on Foursome Crescent and residents have indicated an increase in traffic, safety concerns for local children, insufficient on-site parking, a large volume of clients and other issues listed in the attached correspondence (Appendix "A").

Discussion:

Policy Context for Home Occupations

Council is guided by principles that aim to enhance residential neighbourhoods and ensure that they continue as pleasant and safe living environments. The Official Plan establishes that a minor commercial use may be permitted in a residential neighbourhood provided it is ancillary to the residential use and serves the local population. Given the nature of the dietician's practice as described by the applicant (Appendix B), this proposed commercial use does not primarily serve the local neighbourhood nor can it be considered a minor ancillary use on days of operation due to the client traffic it generates.

During the preparation of housing policies (OPA 377) staff specifically did not recommend professional medical offices as home occupations. A dietician's office is defined as a "professional medical office" under the previous and current zoning by-laws and therefore has never been a permitted home occupation use.

Council removed offices of doctors, dentists and drugless practitioners as permitted home occupation uses from By-law 7625 in 1996 recognizing the many changes that had taken place in the health care delivery field over time. These uses no longer serve local residents and their characteristics resemble commercial uses rather than the residential characteristics anticipated by home occupation uses. These businesses draw clients to the neighbourhood and result in a pattern of traffic and visitation that is not typical of residential uses. The only remaining home occupations in the zoning by-law that are permitted as-of-right are teachers of academic subjects or music, provided that only one student is taught at a time.

Impact on the Residential Neighbourhood

Home occupations are not supported where there are impacts generated by the proposed use on surrounding residences. The compatibility criteria outlined in Appendix C were developed by staff as part of the housing policies and have been used to assess the impacts of previous home occupation applications. These criteria have been used as a guideline for the evaluation of this application. The applicant was requested to provide additional information to enable the adequate assessment of the impact of this proposal on the surrounding area (Appendix B).

a)Information Provided by the Applicant Respecting Business Operations

The applicant indicates that the office operates on Mondays from 11:00 a.m. to 7:30 p.m. and on Wednesdays between 8:00 a.m. and 4:00 p.m. The applicant works out of the premises and when on vacation an outside associate comes to this home office and covers the practice for approximately 65% of the usual hours. Client traffic includes 20 to 35 patients per day at approximately 15 minute intervals. On average, 2 new patients are seen per day for 60 minute visits. The business draws 75% of its clients from the Thornhill area along the Yonge and Leslie Street corridors and 25% of the clients originate from further south to Eglinton Avenue. Parking is provided on the driveway which accommodates two cars. In addition, overflow parking is accommodated on Charo Road and occasionally on Foursome Crescent.

b)Compatibility Analysis

The characteristics of the dietician's office are such that it is substantially apparent to persons outside the residence as the client traffic is not typical of visitation in an interior residential community and on days of operation it becomes the primary use on the site. The business does not primarily serve the local population as the majority of clients are drawn from elsewhere. The applicant has an outside associate who covers her vacation time, so the business operates similar to a commercial office rather than a home occupation. The business has become a public nuisance based on the strong response of area residents to its operation and the municipality has commenced legal action in response to by-law contravention. The overall impacts of the proposed dietician's office jeopardize the stability of the surrounding neighbourhood.

Temporary Use

Past applications for temporary use bylaws have generally been for interim uses pending future redevelopment of a site or local investment area. Foursome Crescent is located in the interior of a neighbourhood of well maintained single family residential homes between Yonge Street, Bayview Avenue, Highway 401 and York Mills Road. There is no evidence of decline in the area and there are no recent applications in the nearby vicinity requesting redevelopment. The continuation of the proposed medical office use for a three year period could inappropriately establish this use on site. There is also the potential for the business to expand beyond current operating parameters as the applicant sees, on average, two new clients per day. A commercial use for this stable residential enclave is inappropriate, regardless of imposed time frames.

Conclusions:

The introduction of a dietician's office for a period of three years is inappropriate in this stable residential area as the use serves a population well beyond the local neighbourhood. Council removed offices of doctors, dentists and drugless practitioners from the home occupation category in the zoning by-law due to the incompatibility of these types of uses with residential areas. The proposed medical office will impact the stability of this well-established residential neighbourhood. This medical office use can be relocated to other premises within the City which are already zoned for this purpose. Refusal of this application is recommended.

Contact Name:

Mary McElroy

Telephone: (416) 395-7143

______________________________

Bryan W. Tuckey

Director, Community Planning, North District

Schedule A - Official Plan

Schedule B - Zoning

Schedule C - Site Plan

Schedule D - Works and Emergency Services Comments

Schedule E - Transportation Comments

Appendix A - Letters and petitions from area residents

Appendix B - Letter from applicant

Appendix C - Compatibility Criteria

APPENDIX "A"

APPENDIX "C"

STAFF 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.