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 and the regulations thereunder.

The East York Community Council submits the following report (March 5, 1998) from the Commissioner of Development Services, East York:

Purpose:

This is an report to the April 1, 1998 meeting of the East York Community Council. Its purpose is to provide Council with Staff recommendations on the application to rezone the premises at 458 Dawes Road from its current Industrial SI zoning to Commercial C - Site Specific zoning. The site is to be used for a specialty food store.

Recommendations:

It is recommended that City Council:

Introduction:

Mr. and Mrs. Palma and Ms. Lim currently operate their specialty food store out of 460 Dawes Road which adjoins 458 Dawes Road on the north. Their lease with the owner of that property expires at the end of August 1998 and it is uncertain if it can be renewed. Consequently, when the premises at 458 Dawes Road came on the market, they chose to buy it with the intent of relocating their business to that new location.

The building at 458 Dawes Road, had previously been used for commercial purposes. This use, however, was discontinued for more than 6 months, resulting in a loss of its 'legal non- conforming status. That status would have made it possible to continue the proposed commercial use, provided the Committee of Adjustment had sanctioned its extension. The loss of that status now makes it necessary to rezone the site for its intended commercial function.

Proposal:

The applicants propose to convert a fifty eight (58) square metre (625 square feet) portion of an existing one hundred and five (105) square metre (1,132 square feet) building to a specialty retail store. The remaining forty seven (47) square metres (506 square feet) of the building`s floor space will be used for product storage.

Official Plan:

The Official Plan designates the premises "Main Street Commercial Residential". This designation permits the proposed street front commercial uses.

Zoning By-law:

Zoning By-law 6752 zones the land "Industrial SI". This zoning restricts its use to largely manufacturing and accessory uses. Freestanding retail stores are not a permitted use.

The same By-law also details various applicable development requirements, including the minimum required number of parking and loading spaces. In the case of this site, these are set out in Section 8.5.2 General Exceptions. It allows parking and loading facilities to be comprised of an area equal to seven and a half (7.5) metres times the mean width of the rear seven and one half (7.5) metres of the lot.

Agency Circulation:

The application was circulated to all the required departments/agencies. Comments received via this circulation are, where appropriate, incorporated in Planning Staff`s evaluation of the application.

Public Input:

Notice of the Public Meeting was circulated to ratepayers within two hundred (200) metres (600 feet) of the subject site. Any comments received as a result of this circulation will be made available at the public meeting.

Discussion:

Proposed Uses:

As previously indicated, the proposed store is not new to this general location. It already operates out of 460 Dawes Road which adjoins it directly to the north. Other similar uses, ranging from a take-out restaurant to service stores, occupy the remaining buildings located along this stretch of Dawes Road.

Parking/Loading:

The applicant`s drawings show a combined parking and loading area at the rear of their property capable of accommodating 1 car. It is accessed via a narrow laneway to the rear of the commercial strip at this location. Although neither the parking area or the access lane leading to that area meet conventional standards for such facilities, they do meet the minimum requirements set out in East York`s Zoning By-law.

The City`s engineer advises that he has no objections to the parking provisions proposed to service the store. His comments note that the store`s clientele consist mainly of area residents who typically walk, and that overall he expects the lack of readily accessible parking to have little impact on this area`s parking operations.

Delivery of products currently takes place from the street. This is the established method of servicing all the commercial establishment along this strip. Staff are not aware of any problems caused by this servicing arrangement.

Property Upkeep and Appearance:

Planning staff have discussed the upkeep and appearance of these premises with the applicant`s representative. He indicates that the owners are prepared to make some general improvements to the building's facade and that they also plan to make substantial improvements to the interior of the building. Staff have not required that the applicants apply for Site Plan approval because the proposed rezoning does not represent a significant enough change to the usability of the premises. However, we anticipate that the age and condition of all the structures along this strip of Dawes Road will necessitate their eventual redevelopment. At that time we will be able to comprehensively and effectively review the issues surrounding the area`s appearance.

This rezoning request confirms a previously established use of these premises. The use is compatible with the remainder of the uses established in the adjoining buildings along this strip of Dawes Road and should be approved.

Staff recommend that Council approve this application, and that the attached Zoning By-law amendment, be enacted.

Jean Besz,

Senior Planner East York Community Office

(416) 778-2045

(416) 466-9877

APPENDIX 1

Site and Building Statistics:

Site Area 156.4 m² (1,683.5 square feet)

Lot Frontage 6.4 m (21 feet)

Front Yard 0

Rear Yard 5 m (17 ft)

Building`s Gross Floor Area 105 m² (1,132 square feet)

-Proportion of the

Building to be

Devoted to Retail 58 m² (625 square feet)

-Proportion of the

Building to be

Devoted to Storage 47 m² (505.9 square feet)

No. of Combined Parking

and Loading Spaces 1 space

The following person appeared before the East York Community Council in connection with the foregoing:

Mr. Geronceo Cadawas, Scarborough, on behalf of Ernesto and Leonora Palma, advising that the applicants have conducted their business out of the property located at 460 Dawes Road for the past four years and do not want to lose their business. They purchased this property so that they could continue their business operations, and at the time of purchase, did not realize the property was zoned Industrial.

Insert Table/Map No. 1

Location Map for 458 Dawes Road

Insert Table/Map No. 2

Location Map for 458 Dawes Road

Authority: East York Community Council Report No. XX , April 1, 1998

Intended for first presentation to Council: April 1, 1998

Adopted by Council:

Bill No._____

BY-LAW No.____

To Amend Restricted Area Zoning By-law No. 6752,

as amended, of the former Township of East York.

The Council of the City of Toronto Hereby Enacts as follows:

8.A.23 CA ZONE SITE SPECIFIC (458 Dawes Road)

8.A.23.1 Area Restricted

i) Retail Commercial

- convenience/variety store;

- Personal Service Shop;

- Service and Repair Shop;

- boutique; and,

- Custom Workshop.

ii) uses Accessory to the foregoing

(2) Use Restrictions

(3) Development Requirements

ii) Minimum Lot Frontage 6.3 m

iii) Minimum Yards

Front 0 m

north Side 0 m

south Side 3.3 m

Rear 5.0 m

iv) Maximum Gross Floor Area

- Devoted to the uses

set out in Section

8.A.23.2.i) iii) and

accessible to the

general public 60.0 m²

- Devoted to storage and

not accessible to the

general public 48.0 m²

v) Minimum number of Parking and

Section 8.5.3 of

this by-law:

"General Exceptions"

in By-law 6752

ENACTED AND PASSED this day of , A.D. 199 .

Mayor City Clerk

(Corporate Seal)

Insert Table/Map No. 1

Schedule A1"