Public Meeting Held Under Section 34 of the Planning Act
with Respect to a Zoning By-Law Amendment Application
Submitted by Otto Abbatangelo Regarding 221 O'Connor Drive
The East York Community Council after considering the deputations and the report
(March 6, 1998) from the Commissioner of Development Services, East York, recommends as
follows:
(1) the adoption of the aforementioned report; and
(2) the Interim Functional Lead for Planning be requested to reaffirm the floor space index
calculations for the development at 221 O'Connor Drive in a memorandum to the
Ward Councillors.
The East York Community Council reports having held a statutory public meeting on April 1, 1998,
in accordance with Section 34 of the Planning Act and appropriate notice of this meeting was given
in accordance with the Planning Act regulations thereunder.
The East York Community Council submits the following report (March 6, 1998) from the
Commissioner of Developoment Services, East York:
Purpose:
The purpose of this report is to provide the East York Community Council with a staff opinion and
recommendations on an application to amend Zoning By-law No. 6752 to permit four dwelling units
in an attached dwelling at 221 O'Connor Drive.
The report is for the Community Council's consideration at the public meeting on April 1, 1998.
Recommendations:
It is recommended that City Council:
(1) Refuse the application by Mr. Otto Abbatangelo to amend Zoning By-law No. 6752 to permit
four dwelling units in a detached dwelling at 221 O'Connor Drive;
(2) Pass an amendment to Zoning By-law No. 6752 to permit three dwelling units in a detached
dwelling at 221 O'Connor Drive.
Background:
Site Description:
The site is a 410 m2 (4,415 sq. ft.) property located at the southwest corner of O'Connor Drive and
Elmsdale Road, one block west of Donlands Avenue. The site location is shown on the attached
Location Map.
The property was originally developed with a one-storey bungalow, with an attached garage with
access from O'Connor Drive. The City's building permit records are incomplete, but rear additions
to the bungalow appear to have been built in 1947 and 1957. In 1974, the Committee of Adjustment
permitted the construction of a two-storey rear addition. As a result of these additions, the existing
building is approximately 35.0 metres (114' 6") long, and is comprised of the original bungalow and
attached garage; a three-car garage attached to the rear of the bungalow, with access from
Elmsdale Road; and another garage with a second storey, attached to the rear of the three-car garage.
The property appears to have been used for many years for a wholesale produce warehouse and a
dwelling unit. In 1981, the Committee of Adjustment permitted the building to be converted to a
medical office. The building is currently being used as a one-family dwelling. The garages and the
second storey addition at the rear of the building are unused.
The building has a floor area of approximately 403.53 m2 (4,343.62 sq. ft.), including five indoor
parking spaces.
Proposal:
Mr. Abbatangelo acquired the property in April 1997, and is proposing to convert the property to a
four-unit dwelling. The following is a description of the proposed units:
a) The original bungalow is a two-bedroom unit with a floor area of approximately 137 m2
(1,470 sq. ft.), plus a 17 m2 (180 sq. ft.) attached garage. This dwelling unit is shown as
Existing Residential Unit No. 1 on the attached Ground Floor plan.
b) The applicant is proposing to construct a second storey addition over the existing bungalow
to create a new four-bedroom dwelling unit with a floor area of approximately 153 m2
(1,650 sq. ft.). This unit is identified as Proposed Residential Unit No. 2 on the attached 2nd
Floor plan. Unit Nos. 1 and 2 would each have private access through a shared front hallway
at the front of the house.
c) The applicant is proposing to construct a second storey addition over the three-car garage at
the rear of the bungalow, to create a new one-bedroom dwelling unit with a floor area of
approximately 70 m2 (745 sq. ft.). This unit is identified as Proposed Residential Unit No.
3 on the attached 2nd Floor plan.
d) The applicant is proposing to convert the existing second storey space over the rear garage
into a two-bedroom dwelling unit with a floor area of approximately 90 m2 (975 sq. ft.). This
unit is identified as Proposed Unit No. 4 on the attached plan. Units 3 and 4 would share an
entrance from Elmsdale Road.
The residents would have access to five parking spaces in the attached garages.
Official Plan:
The property is designated Low Density Residential in the Official Plan for the Borough of
East York. The policies for this designation are in Section 3.3 of the Official Plan.
The Low Density Residential policies permit the land to be zoned for ground-oriented housing
forms, such as detached, semi-detached and row house dwellings. Other housing forms such as
plexes may also be permitted.
Section 3.3.8 states, "The zoning by-law shall establish the density and nature of development in
Low Density Residential areas based on the prevailing and desired physical characteristics of the
area."
Section 2.5 of the Official Plan contains general housing policies that encourage intensification of
the existing housing stock. Section 2.5.22 permits apartments in detached and semi-detached
dwellings and rowhouses in residential areas provided they maintain a minimum of one parking
space per residential unit. The applicant is proposing to provide five parking spaces. The proposal
complies with Section 2.5.22.
Zoning By-law:
The property is zoned R1C in Zoning By-law No. 6752. The zoning by-law permits one-family
detached and semi-detached dwellings, and institutional uses, but not a four-family dwelling. An
amendment to the by-law is necessary for the building to be converted to four units.
Comments:
Circulation:
The application was circulated to the usual commenting departments and agencies. The following
replies were received.
a) The Building and By-law Enforcement Division indicated that the apartment accesses may
have to be redesigned to comply with the Ontario Building Code.
b) The East York Board of Education provided the following comments:
"The East York Board of Education continues to be concerned about the impact of residential
development on school facilities.
"Although this zoning application represents a small infill project, the accumulated effect
continues to add to the over crowding of public school facilities within the Borough. It is the
Board's position that this is an important factor for consideration in all redevelopment
applications."
The School Board has expressed this concern on other applications. In the past, the Board
indicated it will not support new residential development until assistance is obtained to
accommodate the increased enrolment generated by such projects. The Board can generate
property tax revenue to pay for school improvements, however, they have not taken measures
to introduce any development charges.
c) The Parks, Recreation and Operations Department indicated that they will continue to
provide municipal waste and materials collection for this site at a frequency and location
determined by the Commissioner of Parks, Recreation and Operations.
d) The East York Hydro-Electric Commission, the Fire Department, the Transportation and
Engineering Services Division, Rogers Cable, and the East York Health Unit all replied with
no concerns about the proposal. No other comments were received.
e) The application was circulated to the Ward 3 Residents Association. No comments were
received.
Notice of the Public Meeting:
Notice of the Public Meeting was circulated to every owner of land within approximately 400 feet
of the site.
Planning Comments:
The building is an anomaly in the neighbourhood because of its unusually large mass and length. It
has apparently outlived its role as a commercial building, and the applicant is attempting to utilize
it for residential uses that are generally more compatible with the uses permitted by the zoning by-law.
Staff concur with the applicant that the building is suitable for additional residential units, however,
staff cannot support four units on the property because the proposal for four units requires an
addition to the dwelling that would be incompatible with the surrounding area. The housing policies
in Section 2.5 of the Official Plan encourage improvements to the housing stock by intensification
of use, provided the intensification does not adversely affect the physical character of stable low
density residential areas. The existing building maintains the appearance of a bungalow from
O'Connor Drive. This is the only element of the existing building that maintains the physical
character of the neighbourhood. The proposed second storey addition over the original bungalow
would maintain the existing height, but would increase the bulk of the building, which would be
detrimental to the prevailing physical character of the neighbourhood.
Staff can support three units, provided there is no addition over the original bungalow. In the opinion
of staff, the proposed Residential Unit Nos. 3 and 4 can be constructed without creating a substantial
impact on the neighbourhood. The addition proposed over the existing garages would have some
visual impact on the neighbours to the west, but it would not adversely affect the physical character
of the area. Furthermore, it would allow the owner to put this underutilized building to better use,
by providing intrinsically affordable housing through intensification of the existing housing stock.
City Wide Issues:
None.
Conclusions:
Staff are not satisfied that the site can accommodate four dwelling units without adversely affecting
the physical character of the area. Staff therefore recommend that the application be refused. Staff
are also recommending that Council pass a zoning by-law amendment to permit three dwelling units
on the property because, in the opinion of staff, the building can be converted to three units without
adversely affecting the neighbourhood.
Paul Galvin, Planner
Phone: (416) 778-2043
Fax: (416) 466-9877
planning@borough.eastyork.on.ca
The following person appeared before The East York Community Council in connection with the
foregoing:
