March 2, 1998
To: Scarborough Community Council
From: Lorne Ross, MCIP RPP
Commissioner of Planning and Buildings
Subject: Zoning By-law Amendment Application Z97009
Lucky & Tina Hionides
60 Maybourne Avenue
Lot 221, Registered Plan 1859
Clairlea Community
Scarborough Bluffs
Purpose:
This report presents recommendations to amend the Clairlea Community Zoning By-law with respect to a request to permit two single-family residential lots with minimum frontages of
7.5 metres (25 feet) and minimum lot areas of 242 m5 (2600 square feet) on the applicant=s property. Relief is also requested for building coverage and side yard setbacks for the proposed parcel to be created, as well as building coverage and parking space and driveway width for the parcel containing the existing dwelling at 60 Maybourne Avenue.
A consent application (B13/97) has also been submitted requesting permission to create one new lot.
Recommendations:
That Council amend the Clairlea Community Zoning By-law, as amended, with respect to
60 Maybourne Avenue, Lot 221, Registered Plan 1859, as follows:
A. Zoning By-law Amendment
1. Permitted Density:
One Single-Family dwelling per parcel having a minimum frontage of 7.5 metres
(25 feet) on a public street and a minimum lot area of 240 m5 (2600 square feet).
2. Maximum building ground floor coverage of 40 percent of the lot area.
3. Minimum 0.9 metres (3 feet) side yard setback on the one side and 0.3 metres
(1 foot) on the other side;
4. Minimum 6 metres (20 feet) front yard setback.
5. Additional Performance Standards for the existing dwelling on the lot to be retained, 60 Maybourne Avenue:
5.1 Minimum driveway width and parking space width 2.45 metres (8 feet).
6. All other zoning provisions applying to the property would continue to apply.
B. That Council authorize any unsubstantive technical, stylistic or format changes to the Zoning By-law Amendment as may be required to give effect to this resolution.
Background:
1. The land is designated Low Density Residential in the Official Plan. The Official Plan provides for a maximum net residential density of 41 units per hectare (17 units per acre) in the area bounded by Victoria Park Avenue, St. Clair Avenue, Pharmacy Avenue and Dentonia Park in Clairlea Community.
2. The Zoning By-law currently permits one single-family dwelling per parcel with a minimum frontage of 12 metres (40 feet) and minimum lot area of 371 m5 (4000 square feet). Maximum building coverage is 33 percent of the area of the lot. Front yard setback is
4.5 metres (15 feet). The minimum side yard setback is 900 millimetres (3 feet) from each side, the minimum driveway width is 2.5 metres (8.2 feet), and the minimum parking space width is 2.7 metres (8.9 feet).
3. The applicant proposes to build a new single-family dwelling on the new lot to be created on the south part of the property. The existing dwelling, 60 Maybourne Avenue, situated on the north part of the property, will remain as originally constructed. This house was built many years ago and predates the By-law requirements with respect to front yard setback, with the house situated only 2.5 metres (8.3 feet) from the street line, and the side yard being
0.16 metres (0.5 feet) from the north property line. The proposal would also create a
2.45 metres (8 feet) wide driveway and parking space for the existing dwelling, which is narrower than required by the By-law.
4. On April 29, 1997, the former Scarborough Council, in considering the Preliminary Evaluation Report for this rezoning application, directed Planning staff to process the application in a normal manner, with the public meeting targeted for September 1997. We were also directed to host a Community Information Meeting.
The applicant indicated in July 1997, that he would not be available for a public meeting in September 1997. Consequently, the Public Meeting was postponed to April 1998.
5. A Community Information Meeting was held on May 28, 1997. Approximately 55 notices were sent out and 20 people attended the meeting, including the local Councillor. Comments and concerns raised at the meeting can be summarised as follows:
- the applicant does not live in the existing dwelling and he is an absentee landlord;
- two mature trees were recently cut to make room for the new house;
- garbage has been accumulating on the applicant=s site since the trees were cut and the side walk in front of the property is not cleaned of snow and ice in the winter;
- the existing house should be demolished and one large house should be built on the site;
- newer houses in the area may improve the neighbourhood whose appearance is deteriorating;
- parking for the new house may cause a problem, because the proposed smaller frontages would not allow enough space for street parking and cars parked on the street will interfere with neighbours= driveways;
- the new house will be too close to the existing dwelling to the south, limiting light and air circulation, interfering with the current occupant=s view and may cause fire-safety concerns because of the small side yards;
- maintain stability of existing neighbourhoods as provided for in the Official Plan;
- changes to the Zoning By-law to increase density are not desirable; and
- road surfaces on Maybourne Avenue are deteriorating in the vicinity of sewer works carried out two years ago.
Following the community information meeting, the applicant responded to Planning staff on the above issues as follows:
- All the tree cuttings and other garbage have been removed from the site;
- Although the By-law requires a minimum 4.5 metres front yard setback, he has shifted the proposed new building beyond the minimum requirement, to provide a
6 metre (20 feet) setback to fully accommodate additional parking on the driveway in front of the garage, in order to address the neighbour=s concerns and alleviate potential street parking problems (Figure 2);
- The proposed new residential building has been shifted from the south property line, to provide the full 900 millimetres (3 feet) side yard requirement of the By-law, to increase the space between the existing house at 58 Maybourne Avenue and the proposed new dwelling, to better address the neighbour=s concerns about light and air circulation and fire safety;
- To build one very large house referred to in the meeting as a monster home on the
15 metres (50 feet) lot would not be in keeping with the character of the area, which contains a variety of small one-storey bangalows and two-storey dwellings.
Comments:
1. The application was circulated to technical agencies and departments for their comments. There were no comments or objections raised to the proposed Zoning By-law amendment by the reporting agencies. Notice of receipt of the Consent Application has also been provided to all assessed persons within 60 metres (200 feet) of the subject property.
2. Providing for two 7.5 metres (25 feet) lots on this site, would not affect the stability of the neighbourhood which contains a variety of lot frontages ranging from 7.5 metres to 15 metres (25 feet to 50 feet). Providing for smaller lot frontages would also be in keeping with the intent of the Official Plan for the area, which was changed in 1995 to provide consistency for residential densities in this community similar to what applies in other communities. Furthermore, there are several 7.5 metres (25 feet) lots existing on Maybourne Avenue
(27, 52, 69, 95 and 100 Maybourne Avenue) and these have not caused any adverse impacts to the neighbourhood.
3. Planning staff have visited the site and confirm that garbage and tree cuttings have been removed. We also investigated the concern raised regarding deterioration of the road surface and identified one example of a manhole in front of 160 Maybourne Avenue, immediately south of St. Clair Avenue, which needed repair and the matter has since been rectified. This manhole is situated about 1000 metres north of the applicant=s property. Several other manholes on the street have been patched with asphalt as part of ongoing road maintenance.
4. Staff have also investigated with the former Scarborough Public Utilities Commission the water quality issue raised by residents. We have been advised that remedial work to add a cement lining to the water main to alleviate the problems of rust particulate from iron pipes was undertaken in the summer of 1997.
5. The front yard and side yard setbacks of the existing dwelling, 60 Maybourne Avenue, are legal non-conforming. It is not advisable to recognize these setbacks in the By-law now, because they are significantly less than what the By-law presently requires in this area. Also, if a new dwelling were to replace the existing one in the future, it would be better if it met the more stringent setback requirements.
6. The applicant requests that the driveway width for the existing dwelling be allowed to be
2.45 metres (8 feet), which is the space between the south-east corner of the house and the proposed property line. The driveway would be 0.05 metres (less than 2 inches) narrower at this point than the By-law requires. However, as indicated in the survey, the house was built at a slight angle and the driveway widens sufficiently beyond the south-east corner to accommodate the full driveway width. Parking a vehicle behind the face of the building can still be achieved, although the parking space width may be slightly narrower than the By-law requires. Also, the proposed new dwelling to the south would be set back 6 metres (20 feet) from the street line, adequately providing for vehicle movements from the street to the parking space.
7. The proposed 40 percent building coverage is considered appropriate for the development of this property and is consistent with other recent rezonings in the area for similar size lots. Rear yard space in excess of 7.5 metres will be provided in both instances, adequately providing for the required private open space for the enjoyment of the residents.
Conclusions:
The proposed rezoning maintains the intent of the Official Plan which encourages this type of intensification, and is consistent with zoning approvals by the former Scarborough Council for similar applications along Victoria Park Avenue in the vicinity of the subject site. Lots in the area range in size from 7.5 metres (25 feet) to 15 metres (50 feet) in frontage and feature similar lot depths and lot areas. The subject application will facilitate the construction of one new home, thereby contributing to the continued viability of this area by replacing outdated housing stock with new housing and bringing new homeowners and investment into the area. The new occupants will also make use of existing infrastructure and community services and facilities already available in this area.
Contact Name:
Aristotle Christou, Senior Planner
(416) 396-5228
(416) 396-4265 Fax No.
christou@city.scarborough.on.ca
Respectfully submitted,
Lorne Ross, MCIP, RPP
Commissioner of Planning and Buildings
ATC/KS/atc
