The North York Community Council, after considering the deputations and based on the findings of fact, conclusions and recommendations contained in the following report (February 4, 1998) from the Acting Commissioner of Planning, recommends the adoption of the report (February 4, 1998) from the Acting Commissioner of Planning, with the following modifications:

(1) Section 19 (Section 15.1(b) of Zoning By-law No. 7625) dealing with sidewalks for apartment houses be deleted;

(2) Section 30 (Section 22.8 of Zoning By-law No. 7625) dealing with the location of garbage containers be referred back to the North York Planning Department for a comprehensive report;

(3) the following Sections of Zoning By-law No. 7625 be referred to the North York Planning Department for an additional report:

(i) Section 36 dealing with General Provisions for O Zones;

(ii) Section 64.23(74) dealing with a missing schedule in reference to amenity space per unit; and dealing with a reference to the C1(75) zone;

(iii) Section 64.23(75) dealing with a missing schedule;

(iv) Section 64.39(2) dealing with missing schedule; and dealing with a reference to Section 39; and

(v) Section 64.39(2) dealing with Section 39.

(4) That the 2.0 metres minimum distance between an accessory building larger than 10m², and a dwelling as set out in Section 9 of the draft by-law be increased to 3.0 metres.

The North York Community Council reports having held a statutory public meeting on April 1, 1998, with appropriate notice of this meeting, in accordance with the Planning Act.

The North York Community Council submits the following report (February 4, 1998) from the Acting Commissioner of Planning:

Purpose:

As part of the ongoing Zoning By-law Review program, challenges and problems with the zoning by-law are identified, and solutions are found to address problems that have arisen in the day to day use of the by-law. The purpose of this study is to identify and recommend changes which will contribute to fewer variances, improved clarity, more consistent interpretation and better enforcement of By-law No. 7625.

Source of Funds:

Not Applicable

Recommendations:

It is recommended that the North York Community Council:

(1) hold a public meeting to consider the draft General Zoning By-law Amendment By-law attached as Schedule A to this report; and

(2) recommend enactment of the General Zoning By-law Amendment By-law, with any modifications considered appropriate, subsequent to the public meeting.

Background:

This By-law and report is part of the continuing work program for the North York Civic Centre By-law Review Section. At regular intervals the Planning Department has put together a listing of regulations that should be revised in order to correct errors and to improve clarity. These changes have been identified through the experience of the Planning, Building and By-law Enforcement staff over the past two years. The last amendment of this type was By-law No. 32737 (also called the Interpretation By-law), which was passed April 17, 1996.

Discussion:

The changes proposed do not fall easily into one specific category. They can range from changing the format of specific sections and correcting typographical errors in the original by-law, to the consolidation and amendment of sections that have been left by other amendments, to the elimination of obsolete provisions. The amendments proposed also address omissions found in the consolidated By-law No. 7625:

(1) reduce the number of variance applications (especially technical variances);

(2) reduce conflicts between regulations;

(3) clarify wording for better understanding and enforceability; and

(4) provide corrected exceptions for St. Louis de France church at 1415 Don Mills Road, and the Yonge Norton Centre at Doris and Norton.

Conclusions:

The zoning by-law amendments recommended by this study should be enacted.

Contact Name:

David J. Douglas, Planner, 395-7136

(A copy of Schedule A and the draft General Zoning By-law Amendment by-law referred in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)