November 18, 1998

To:North York Community Council

From:Bryan W. Tuckey

Director, Community Planning, North District

Subject:FINAL REPORT

Zoning Amendment Application

Peter Roh

85 Steeles Avenue East

Lot 5, R.P. 2560

UDZ-98-09

WARD 10 - NORTH YORK CENTRE

Purpose:

The purpose of this report is to provide an evaluation of an application to amend the zoning by-law for lands located at 85 Steeles Avenue East (see Schedule "B") to permit an accounting business as a home occupation within an existing one-family detached dwelling.

Recommendations:

1.It is recommended that the application be approved subject to the following:

The site be rezoned from R4 to R4(55) exception subject to the following:

PERMITTED USES

(a)In addition to the uses permitted in an R4 zone, a business office shall be permitted for the occupant of the dwelling.

EXCEPTION REGULATIONS

(b)The maximum gross floor area of a business office use shall be 13 m5.

2.Prior to the enactment of the by-law, the existing sign on the front yard of the property be altered to comply with the city's sign regulations.

Background:

Proposal:

The proponent, Mr. Roh, has applied to operate an accounting business as a home occupation from his existing dwelling. The proposed office would occupy about 4% of the home. The following table outlines the building and site data. See Schedule "E".

Site:

The site is located on the south side of Steeles Avenue East, east of Yonge Street between Willowdale Avenue and Lillian Street. The property contains an existing two-storey one-family detached residential dwelling with driveway access onto Steeles Avenue East. See Schedule "D".

A permanent sign advertising the accounting business and hours of operation is located in the front yard. The sign does not comply with the city's sign control by-law for commercial uses within a residential zone.

The adjacent lands contain one-family detached dwellings. The neighbourhood is mature low density residential.

The lands across Steeles Avenue East on the north side are in the Town of Markham. It is also a low density residential area.

Official Plan:

The lands are designated Residential Density One (RD1). The uses in this designation are intended to be predominantly low rise ground oriented housing such as single detached dwellings. Non-residential uses such as public facilities and amenities, community institutions and minor commercial uses which are ancillary to the residential use or which serve the local residential population may also be permitted as set out in the zoning by-law. The intent is to maintain the residential character of the neighbourhood with minimal impact resulting from the minor commercial use.

Zoning:

The lands are zoned One-Family Detached Dwelling Fourth Density (R4). This zone allows one-family detached dwellings and accessory buildings. Home occupations are restricted to private instruction in music and the teaching of academic subjects.

Comments from Other Departments or Agencies:

The Works and Emergency Services - Transportation Services has confirmed that a total of six parking spaces can be provided within the existing double car garage and in the driveway in a tandem parking arrangement. The city's parking requirements for the residential use is two spaces per dwelling unit and one space per 48 m5 of gross floor area for the proposed business office use. See attached Schedule "F".

The Town of Markham has no objection to the proposed home occupation. See attached Schedule "G".

Community Consultation:

A community meeting was held on October 8, 1998. There were 38 residents in attendance.

Most of the residents who attended the meeting were concerned that the proposed home office and large front lawn sign advertising the applicant's business would be precedent setting for their neighbourhood, and would lead to similar applications which could negatively affect the existing residential character of the neighbourhood.

Some residents at the meeting supported the proposed home occupation; however, some of these residents were concerned with the existing front yard sign and its impact on the streetscape.

Mr. Roh has submitted a petition containing 27 letters in support of his application of which 21 letters are from owners or tenants on lots within the same city block. This block contains a total of 25 lots.

The city has received a letter from the president of the Bayview-Cummer Neighbourhood Association stating the association=s position that the residential character in the neighbourhood should be retained, and confirmed their objection to the proposed zoning by-law amendment application.

Discussion:

(1)Home Occupations in Low Density Residential Areas

Compatibility of a home business in a residential neighbourhood can be achieved where:

$the residential character of the dwelling is maintained;

$residential remains the predominant use within the dwelling unit;

$the home business use is conducted by a member who resides in the dwelling;

$the home business use is not likely to create or become a public nuisance, particularly with regard to noise and odours;

$adequate on-site parking can be provided without detracting from the residential character of the dwelling; and

$all of the home business operations occur entirely within the existing residential dwelling.

The proposed home business complies with this compatibility criteria. The residential characteristics of the dwelling will be maintained because no new construction is proposed. The small office within the home is ancillary to the residential use. Mr. Roh will continue to reside in the main portion of the dwelling. The home business produces no noise or odour problems. The existing parking on the driveway is adequate for existing client visits. The office of the home business is entirely within the dwelling.

The existing office use does not focus primarily on the local neighbourhood. Mr. Roh is a self-employed accountant who uses his home office as a base of operation for his business, and sees most of his clients outside of the home with conventional client visits.

Mr. Roh has confirmed that 15 % of his clients come from the immediate area. He expects that about 20% of his clients will be from his immediate neighbours during the next personal tax season.

Mr. Roh's business does not generate a large amount of traffic. The business operating hours are 6 to 9 pm on Mondays to Fridays and 10:00 am to 5:00 pm on Saturdays, Sundays and holidays. Mr. Roh averages only one client per day coming to his residence except at tax time. During the latter period, the number of clients at his home increases. For the rest of his clients, he travels to their offices.

Steeles Avenue is an arterial road which can handle the traffic from the proposed accounting business. There are not any access restrictions to the property which have been identified as a result of this application. The traffic from the proposed office will not impact on the local roads south of the site.

Mr. Roh's business is a minor commercial use which has minimal impact on the existing residential neighbourhood.

(2)Traffic

There is an average of one customer per day who visit Mr. Roh's home for business purposes.

(3)Sign

The city=s sign by-law allows one identification sign not exceeding 0.4 m5 (4.3 ft5) in sign area in a residential zone indicating the name of the lawful business located in the home. The intent is to have discreet signage. Mr. Roh=s existing sign exceeds the residential sign by-law criteria and is more suitable for a commercial area.

Mr. Roh will be required to alter his sign to conform to the city's sign by-law regulations.

Conclusions:

The proposed accounting office in the applicant's home is an appropriate live-work home occupation in this area of the city. A zoning by-law to allow the accounting office as a home occupation is recommended.

Contact Name:

Michael Saunders

Telephone: (416) 395-7104

Bryan W. Tuckey

Director, Community Planning, North District