19.POSSIBLE AMENDMENT TO ZONING BY-LAW 3623-97 (HOUSING) TO ADD MAXIMUM HOUSE DEPTH REGULATIONS

 York Development Services, York Civic Service Centre

(April 16, 1998)

 Purpose:

 To advise York Community Council of the Development Services Department=s intentions

with respect to reviewing the need for a house depth limitation to the provisions of Zoning

By-law 3623-97 (Housing).

 Recommendation:

 (1)That Community Council receive this report as information.

 Background:

 At its meeting on April 1, 1998, Community Council heard deputations from Mr. Robert Truman and Ms. Sandra Melville (Warren Park Ratepayers Association) with respect to Zoning By-law 3623-97, the Housing By-law Amendment adopted by the former York City Council on October 1, 1997 and subsequently appealed to the Ontario Municipal Board.

 Mr. Truman expressed concern, verbally and by way of a letter dated February 11, 1998, that the increase in floor space index, as provided for by Zoning By-law 3623-97, may result in additions onto existing homes which extend deep into the rear yard, thereby significantly impacting on the privacy and available sunlight of adjacent rear yards. Mr. Truman also questioned the adequacy of the City=s notification of the Planning Act Public Meeting.

 Ms. Melville expressed the Warren Park Ratepayers= concern that proper notification was not provided for the passing of the By-law. In a letter dated March 31, 1998 submitted to Community Council, Ms. Melville and Ms. Margo Duncan expressed concern that reducing the need for Committee of Adjustment applications to permit significant rear yard additions could be problematic in instances where neighbours do not Aget along.@ The letter requested that the scheduled April 6, 1998 Ontario Municipal Board Pre-hearing Conference be postponed pending neighbourhood meetings regarding the By-law.

 Upon consideration of these matters, Community Council recommended that the City Solicitor and the York Solicitor be authorized to advise the Ontario Municipal Board at the Pre-hearing Conference scheduled to be held on April 6, 1998 that the York Community Council requests approval of former City of York By-law 3623-97, save and except those lands with respect to which appeals have been filed and those lands zoned R-1. Community Council also recommended that the City Solicitor and the York Solicitor advise the OMB that it has no objection to the adding of any former City of York resident as a party to the OMB Pre-hearing Conference regarding By-law 3623-97.

At the Pre-hearing Conference, the Board member reserved judgement pending a written deposition on these matters and tentatively scheduled another conference for September 1998.

 To address the concern regarding the potential length of rear yard additions, Community Council directed the York Development Services Department to report to the next meeting on the possibility of adding a house depth limitation to the provisions of By-law 3623-97.

 Discussion:

 The York Development Services Department is undertaking a study regarding maximum house lengths. Staff will examine the characteristics of existing homes in areas zoned R1 and R2 in York, consider typical and atypical development scenarios resulting from the increase in floor space index in the R1 and R2 zones afforded by By-law 3623-97, and will review existing maximum house-length regulations of other municipalities. Upon completion of this review, appropriate regulations will be developed, if necessary, to prevent the development of unreasonably long homes which have undue impacts on neighbouring rear yards. A Planning Act public meeting will be held, most likely in the Fall of 1998, to consider any proposed house length regulations.

 Conclusion:

 As per the direction of Community Council, the York Development Services Department is undertaking a study of house lengths in areas zoned R1 and R2 in the former City of York in light of the potential impacts of the increase in floor space index provided for by Zoning By-law 3623-97. A report on this matter will be completed for Council=s consideration at a Planning Act public meeting, likely to be held in the Fall of this year.

Contact Name:Henry Byres, Senior Planner

Tel: (416) 394-2618 Fax: (416) 394-2782

E-Mail: City of York.EglintonAve.Hbyre