March 17, 1998

 To:Toronto Community Council

 From:Commissioner of Urban Planning and Development Services

 Subject:Preliminary Report on Official Plan and Zoning By-law Amendment Application  No. 197012 to permit six dwelling units above a motor vehicle repair shop, class AA@, at 218, 220, 222 Geary Avenue (Davenport)

  Purpose:

 To introduce a proposal to legalize six dwellings units above a motor vehicle repair shop and to request the applicant to make modifications to the proposal prior to a public meeting being held on the application.

 Source of Funds:

 N/A.

 Recommendations:

 It is recommended that:

 (1)the applicant be requested to provide documentation supporting his claim that the existing motor vehicle repair shop, class >A= is a legal non-conforming use;

 (2)that the applicant be advised of the planning concerns relating to the operation of a motor vehicle repair shop in conjunction with the proposed residential uses; and

 (3)that, provided the owner is willing to eliminate the motor vehicle repair shop component of the development, I be requested to hold a public meeting in the community to discuss the application and to notify owners and tenants within 300 metres of the site and the Ward councillors.

 Site and Area Description:

 The site is currently occupied by a two-storey building containing a motor vehicle repair shop and a restaurant at grade and six residential units above. Four parking spaces are located in front of the building.

 Residential uses are not permitted in this area, which is designated Restricted Industrial Area and is zoned I2 D2 (light industrial). Auto-related uses are also prohibited in this area under recent zoning amendments. Although the applicant is suggesting that the existing auto-related use enjoys legal non-conforming status under the by-law, City records indicate that this may not be the case and therefore a zoning amendment may also be required if the motor vehicle repair shop is to remain.

 Planning Issues:

 Compatibility:

 Given the industrial nature of the area, any application for residential uses in this area should only be considered if it can be demonstrated that adequate residential conditions will exist on the site and that the continuing viability of adjacent industrial uses will not be affected. I am particularly concerned that the operation of a motor vehicle repair shop (whether legal non-conforming or not) or other industrial uses at this location would not be conducive to a residential living environment because of noise, odours and fumes which may emanate from the shop. The applicant is therefore advised that, should he wish to pursue residential uses on the site, I will be recommending that the range of non-residential uses permitted at-grade be limited so as to prohibit potentially noxious uses, including auto-repair shops.

 Parking:

 There are four parking spaces in front of the building which are currently used for the parking and storage of motor vehicles related to the auto repair business. The Commissioner of Works and Emergency Services has estimated that the combined parking demand for the various uses on the site is 24 spaces - 5 for the restaurant, 3 for the residential units and 16 for the auto-repair shop.

 Given the site constraints it does not appear possible to provide additional parking on the site. The lack of on-site parking is of particular concern given the chronic parking problems on Geary Avenue and the number of complaints to the Police, related to the use of Geary Avenue for the storage of vehicles awaiting repair.

 While the Commissioner of Works and Emergency Services has indicated that it may be acceptable to lease off-site parking for the residential and restaurant component of the building, the provision of a significantly lower parking supply than what the Zoning By-law would require for the auto-related use could result in the storage and repair of automobiles on Geary Avenue and, more likely, the abutting public lane on the west.

For these reasons, the applicant is advised to eliminate the auto-related component of the development if he wishes us to process this application further.

 Conclusion:

 Following an extensive planning review and public consultation process, the former City of Toronto Council passed by-laws to prohibit auto-related uses in this area because of the proliferation of repair shops and adverse impacts they had on the neighbourhood in terms of the improper parking and storage of vehicles around auto repair shops. The applicant is requested to provide documentation supporting his claim that the auto-related use enjoys legal non-conforming status under the by-law.

 Notwithstanding this issue, I am concerned that the combination of residential accommodations above an auto-related use will result in adverse living conditions. Therefore, I am recommending that should the applicant wish to pursue residential uses on the site, the existing auto-related use cease and if he wishes, replaced by a use that generates less of a demand for parking and which is more compatible with the proposed residential uses.

 Contact Name:Michael Major

Telephone: (416) 392-0760

Fax: (416) 392-1330

E-Mail: mmajor@city.toronto.on.ca

    Paul J. Bedford

Director, City Planning and Chief Planner

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APPLICATION DATA SHEET

 Confirmed Municipal Address:218, 220 and 222 Geary Avenue

 PLANNING CONTROLS (For verification refer to Chief Building Official)

 PROJECT INFORMATION