21.ZONING BY-LAW AMENDMENT APPLICATION, M AND J CARVALHO,

19 KENORA CRESCENT, File No.: R97-001, Ward 27 - York Humber.

(DEPUTATION ITEM)

Karen V. Bricker, MCIP, Director of Community Planning, West District

(October 23, 1998)

Purpose:

To consider a site specific Zoning By-law amendment application to legalize the height of a flat roof residential accessory building which has been constructed higher than the maximum height permitted by the Zoning By-law.

Funding Sources, Financial Implications and Impact Statement:

City funding is not required. There are no impacts on capital or operating budgets.

Recommendations:

It is recommended that:

(1)the application revised as reflected in Option two set out in this report be approved subject to the holding of a Planning Act Public Meeting to obtain the views of the community and the conditions outlined in this report;

(2)York Zoning By-law Number 1-83 be amended in accordance with the draft Zoning By-law Amendment attached as Schedule 1 to this report.

Background:

Proposal

William J. Dolan Planning Consultants Ltd., the applicant and agent for the owner, is requesting an amendment to York Zoning By-law Number 1-83 to retain the 3.96 metre (13 feet) height of the existing detached garage located at the rear of a two storey single detached dwelling at 19 Kenora Crescent. (See Appendix 2: Site Plan, Floor Plans and Elevation Plans)

The garage was constructed in compliance with the By-law at its present location abutting the rear lot line by the previous owner in the early 1980=s as a pitched roof garage within a height to the roof peak of 3.7 metres (12 feet). Due to the deterioration of the roof and the desire to provide more storage space, the present owners reconstructed the roof as a flat roof to a height of 3.96 metres (13 feet) in 1996 without a building permit. City Building Department staff were made aware of the building activity and an Order to Comply was issued. A letter submitted with the application provides background information on the events that lead to the filing of this application. (See Appendix 3: Letter from William. J. Dolan Planning Consultants Ltd.)

Committee of Adjustment

On November 12, 1996, the Committee of Adjustment refused a minor variance application to retain and use the existing garage at a height of 3.96 metres (13 feet) and to grant relief from the minimum lot frontage provisions of the By-law to confirm the existing lot frontage of 7.6 metres (25 feet) for the property. Planning staff had no objection to the application and commented to the Committee that it should give consideration to alternate building material finishes for the remaining three sides of the garage that are constructed with concrete block.

The owner appealed the Committee of Adjustment decision and an Ontario Municipal Board hearing was subsequently held in April 1997. On August 12, 1997, the Ontario Municipal Board refused the requested building height variance and dismissed the associated appeal. However, it granted an amended variance as to lot frontage to permit a technical lot frontage of 7.31 metres (24 feet) as a result of evidence presented at the Board

Site and Surrounding Area

The subject site is located on the south side of Kenora Crescent west of Blackthorn Avenue and is in a residential area characterized by single detached one and two storey dwellings. (See Appendix 1- Site Location Map). The site contains a two storey single detached dwelling at the front of the property and a one storey garage which is accessed by driveway running along the side of the house, at the rear of the property.

Comments:

Official Plan

The site is designated Low Density Residential in the Official Plan which permits detached dwellings and detached residential accessory buildings such as garages in rear yards.

Zoning By-law

The subject property is zoned R2 Residential Zone (R2) which permits garages as accessory uses to dwellings. Section 3.4.11 (Accessory Buildings in R Zones ) of York Zoning By-Law Number 1-83 allows private garages to be erected in the side or rear yard in any residential zone provided that the gross floor area does not exceed 46 square metres (495 square feet) and the maximum height of flat-roofed accessory buildings does not exceed 3.1 metres (10 feet). Pitched roof accessory buildings are permitted a maximum height of 3.7 metres (12.3 feet).

Section 2(59)of the Zoning By-law defines AHeight of Building@ as follows:

Athe vertical height from the finished grade of the centre of the front of the building to the highest point of the roof joists in the case of a flat roof, or the average height half way up in the case of pitched roofsY@

This zoning amendment is therefore requested as a result of the refusal by the Committee of Adjustment and the Ontario Municipal Board to grant relief from the 3.1 metre (10 feet) maximum height limit for a flat-roofed garage to allow the existing 3.96 metre (13 feet) height.

Agency Comments

The Fire Department, Toronto Hydro West District and the Urban Design Division have no comments on this proposal. Comments have not been received from the Health Department, Works Department and Municipal Standards Division, but we have confirmed that no comments will be forwarded.

The Building Division has advised that a professional engineer=s report is to be submitted to confirm stability of the masonry walls and roof structure. They are currently reviewing a recently submitted survey to confirm that the location of the garage complies with zoning provisions and that it does not encroach on abutting properties.

The survey indicates a minimum setback of 0.33 metres (1.1 feet) from the rear property line, a minimum setback of 0.2 metres (0.72 feet) from the west side lot line, and a minimum setback of 0.1 metres (0.33 feet) from the east property line. It would appear that the garage does comply with setback provisions.

Evaluation

a)Building Height Impact

Careful regard has been given to the Ontario Municipal Board decision to refuse relief from the maximum height regulation of the By-law to permit the existing garage height of 3.96 metres (13 feet). The Board has indicated that because the additional resulting mass associated with an increased height of three feet is constant across the footprint of the building combined with the location of the garage very near to the rear property line, it makes the garage appear too bulky and overpowering to be acceptable.

The Board made numerous references to the impact of the garage on the property at 25 Kenora Crescent. It stated that the adverse impact of the garage amounted A...to a sense of enclosure leading to the loss of enjoyment ...Aof the property at 25 Kenora Crescent by its occupants and that Acosmetic changes will not substantially, if at all, alleviate this impact.@

The Board concluded that in view of the adverse impact on the property at 25 Kenora Crescent created by the additional height and mass of the garage on the application site, the minor variance cannot be considered minor nor is it appropriate development or use of the property.

These issues, as stated by the Board , relating to the minor variance application, apply as equally to this application for an amendment to the Zoning By-law to allow the existing height. This application is in effect a request for approval of the same variance that was not granted by the Board.

b)Options to Alleviate Building Height Impact

The additional building height and mass appears to pose the greatest adverse impact to the property at 25 Kenora Crescent notwithstanding that the garage=s location on the lot conforms with By-law set back regulations. It is noted that the actual height of the rear wall of the garage is approximately 4.6 metres (15 feet) as opposed to 3.96 metres (13 feet). This difference is due to the grade at the rear of the garage being approximately 0.6 metres (2 feet) lower than the grade at the front of the building where the height is normally measured for By-law compliance purposes.

Three options are available to address the Board=s concern with respect to the height and mass in relation to properties that are adversely affected. (See Appendix 4: Garage Roof and Height Alteration Options)

Option 1 -Retain garage height and alter facade to create a mansard roof appearance

This will involve constructing a slightly tapered wood frame and shingle Askirt= onto the upper approximately 1.5 metre ( 5 feet) portion of the garage within the property limits on the south and west side where setbacks permit. This alteration would create the appearance of a lower roof line and will reduce the appearance of the building wall mass to improve the scale and appearance of the garage.

Option 2 - Alter garage height at the rear by changing the flat roof to a sloping or pitched roof

This will involve lowering the rear wall height by approximately 1.5 metres (5 feet) to approximately 3.1 metres (10 feet) and reconstructing the rear one third depth (approximately 2.2 metres (7 feet) of the garage with a sloping roof. This alteration will lower the rear roof line to the height of the original pitched roof garage roof line, reduce the mass of the rear wall and the rear portions of the side walls, and will improve the scale and relationship of the garage to the abutting properties at the rear.

Option 3 - Alter height of entire garage and change flat roof to a full pitched roof design

This alteration will require lowering the height of both the rear concrete block wall and the front brick wall approximately to the height of the walls as they existed prior to the flat roof construction (approximately 2.4 metres (8 feet) front wall, and 3.1 metres (10 feet) rear wall) and then reconstructing the roof as a pitched roof. This will result in a roof peak that is marginally higher than 3.96 m (13 feet) but with a garage height that would comply with the maximum Zoning By-law height provision of 3.7 m ( 12.1 feet)

c)Supportable Option

Option one, amounts to a cosmetic change. Although the alteration may establish the look of a garage with a visible proportionate roof and wall area, the mansard roof design simply covers up an otherwise exposed wall area and does not alleviate the massive look of the rear part of the garage.

Both options two and three effectively lower the roof line and reduce the mass of the rear wall as it relates to the properties at 21 and 25 Kenora Crescent approximately to that which previously existed and therefore are more suitable solutions than Option one. Option three, however, also will result in an alteration of the front elevation and roof line of the garage which provides no benefit in reducing the adverse visual impact of the rear of the garage on the abutting property at 25 Kenora Crescent (the property most adversely affected) since effect of the front alteration would not be readily visible from the every part of the rear yard on the south side.

It would appear from discussions with the owner at 21 Kenora Crescent that height and mass is not a concern as it is for 25 Kenora Crescent. Therefore, option two is the most suitable and reasonable option to reduce building height impact for the affected property. We have discussed this option with the applicant who is giving it consideration.

Conclusions:

This zoning amendment application to retain the height of the existing flat roof garage will not address the issue of building height impact on the abutting properties, particularly the property at 25 Kenora Crescent as identified by the Ontario Municipal Board. An alteration of the rear portion of the flat roof by lowering rear the wall height and constructing a sloping roof is a suitable and supportable option for addressing the adverse impact principally on the abutting dwelling and rear yard of the property at 25 Kenora Crescent, but also on the dwelling at 21 Kenora Crescent. A draft Zoning By-law Amendment is recommended which provides for a combined flat roof and pitched roof design with a maximum 3.96 metres (13 feet) height for the flat roof portion and a maximum lower roof line height of approximately 3.1 metres (10 feet ) at the rear of the garage. (See Schedule 1: Draft Zoning By-law)

Conditions to Approval

1. Fulfilment of the following conditions prior to enactment of the amending by-law:

i)receipt by the Building Division of a professional engineer=s report to confirm stability of the masonry walls and roof structure.

Contact Name:

L. Moretto, Manager Community Planning Telephone: 394-2617 Fax: 394-2782

(Copies of Appendix 1:Site Location Map; Appendix 2: Site Plan, Floor Plans and Elevation Plans; Appendix 3: Letter From Wm. J. Dolan, Planning Consultants; Appendix 4: Garage Roof and Height Alteration Options; and Schedule 1: Draft Zoning By-law referred to in the foregoing communication, were forwarded to all Members of Council with the agenda of the York Community Council meeting of November 12, 1998 and copies thereof are on file in the Clerk's Department, York Civic Centre.)

Schedule 1: Draft Zoning By-law

Authority:

Intended for first presentation to Council:

Adopted by Council

CITY OF TORONTO

Bill No.

BY-LAW NO.

TO AMEND Former City of York

By-law Number 1-83

(Re: 19 Kenora Crescent)

THE COUNCIL OF THE CITY OF TORONTO ENACTS AS FOLLOWS:

SECTION 16 - AMENDED

1.THAT Section 16 of City of York By-law Number 1-83, as amended, be further amended by adding a new Subsection (380) as follows:

A(380) LANDS - 19 KENORA CRESCENT

Notwithstanding the provisions of paragraph (c) of Subsection 3.4.11 of Section 3 of this By-law an accessory garage building with a combined flat roof and pitched roof may be erected and maintained on the property municipally known as 19 Kenora Crescent, more particularly described as Lot 165, Registered Plan 1813, City of Toronto (formerly City of York), subject to the following provisions:

i)the northerly two thirds of the length of the accessory garage building shall be constructed with a flat roof at a maximum height of 4.0 metres; and

ii)the southerly one third of the length of the accessory garage building shall be constructed with a sloping or pitched roof extending from the higher flat roof portion southerly to a maximum height of 3.1 metres measured vertically from the finished grade at the centre of the rear of the accessory garage building to the point where the rear building wall exterior meets the top of the sloped roof portion.

City of Toronto By-law No.

2.SUBJECT to the provisions of Section 34 of the Planning Act, R.S.O. 1990 c.P.13 this By-law shall come into force and effect on the date of its passing.

ENACTED and PASSED this day of A.D. 1998.

MAYORCLERK