Zoning By-law Amendment Application Z97042

Elisa and Fernando Machado - 808 Midland Avenue

Kennedy Park Community - Ward 15 - Scarborough City Centre

The Scarborough Community Council, after considering the deputations and based on the finding of fact, conclusions and recommendations contained in the report dated March 9, 1998 from the Commissioner, Planning and Buildings, Scarborough, recommends that the report of the Commissioner of Planning and Buildings Scarborough, be adopted.

The Scarborough Community Council reports having held a statutory public meeting on April 1, 1998, in accordance with Section 17 and Section 34 of The Planning Act, and that appropriate notice of this meeting was given in accordance withThe Planning Act and the regulations thereunder.

The Scarborough Community Council submits the following report (March 9, 1998) from the Commissioner of Planning and Buildings, Scarborough:

Purpose:

This report presents recommendations to amend the Kennedy Park Community Zoning By-law based on a request to introduce an ancillary commercial use to the primary residential use. The applicant requests permission to use approximately 20 square metres (220 square feet) of the basement of the existing single-family dwelling at 808 Midland Avenue for a beauty salon business.

Recommendations:

It is recommended that Council amend the Kennedy Park Community Zoning By-law, as amended, with respect to 808 Midland Avenue, being Part of Lot 7, Registered Plan 1697, as follows:

additional Permitted Use: Beauty salon; and

a maximum of 20 square metres (220 square feet) of the house may be used for a beauty salon.

Background:

(1) The subject property is situated on the west side of Midland Avenue, south of Eglinton Avenue and is within the Kennedy/Eglinton Intermediate Centre.

The site is bounded by single-family dwellings to the east and south, and a Senior Citizens apartment to the west. Properties to the north of the applicants', including a bungalow at

810 Midland Avenue, are zoned Highway Commercial and permit a variety of uses such as: Automobile Service Stations, Funeral Homes, Hotels and Motels, Libraries and Art Galleries, Limited Retail Shopping, Places of Worship, Professional and Business Offices, Recreational Uses.

(2) The Intermediate Centre Policies provide for Office/Residential and Institutional, Senior Citizens' Residential and Recreational Uses in this area, and also provide the following direction for the full development of the Intermediate Centre:

(1) up to 10,000 office jobs;

(2) a mix of medium and high density dwelling units;

(3) up to 9,200 square metres (100,000 square feet) of retail commercial uses with a library;

(4) transportation and public uses including a subway, rapid transit and bus station; and

(5) recreational and institutional uses.

(3) The site is zoned Apartment Residential, permitting Apartment buildings, Day Nurseries, Group Homes, Nursing Homes and Senior Citizen Homes. The site is under site plan control.

The applicant's property and the two properties to the south, contain single-family dwellings whose construction predates the Zoning By-law. These bungalows have a legal non-conforming status. These three properties and lands to the west were zoned Apartment Residential in 1961, and were intended to develop with apartment buildings. The land to the west developed with the Seniors apartment building about 12 years ago. The three properties fronting on Midland Avenue and containing three single-family dwellings have remained. The lots have depths of approximately 40 metres (130 feet).

The By-law requires a minimum driveway width of 3 metres per lane.

(4) The applicant has submitted a drawing indicating that up to six parking spaces can be accommodated in the rear yard, which is presently accessed via an existing 3 m (10 feet) driveway.

(5) In 1997, the applicant submitted a minor variance application to the Committee of Adjustment to permit a 17.4 square metres (188 square feet) beauty salon within the existing single-family dwelling. The Committee refused the application, because the request for a beauty salon would establish a commercial activity which is not permitted on this property and would not be compatible with the adjacent land uses.

(6) This rezoning application has been processed under the "election break process" and a Preliminary Evaluation Report has not been previously reported to Council. All members of the former Scarborough Council were advised of this application. Planning staff have discussed the proposal with the Councillors for Scarborough City Centre.

The application was circulated to technical agencies and departments for their comments. There were no comments or objections raised to the proposed Zoning By-law amendment by the reporting agencies.

To date, we have received one telephone call from a resident of the Seniors building, in support of the application.

Comments:

(1) The proposed beauty salon in the basement of the existing house would provide convenience and service to the residents and pedestrians within the Intermediate Centre, including the near-by Seniors apartment building. The proposed beauty salon will be separate from the dwelling and will have its own separate entrance, which is at-grade for easy access. The proposed use will not conflict with or cause undue impact on existing uses in the area and supports the policies of the Kennedy/Eglinton Intermediate Centre.

Because the size of the proposed beauty salon requested by the applicant is limited in floor area to a maximum of 20 square metres (220 square feet) in the basement of the house, and also because the existing bungalow will continue to be used for residential purposes, there is limited potential for the use to significantly expand and impact the community.

(2) The land has been zoned for Apartments for the past 35 years, but it has not developed for its intended use. The limited lot depth of 40 metres (130 feet) may be a constraint in developing the subject site and the two other properties to the south with conventional apartment buildings. There is redevelopment potential in the area with other building forms that can achieve the kinds of densities anticipated for the Kennedy/Eglinton Intermediate Centre. However, it is possible to accommodate interim uses that are compatible and complementary with other uses in the area, until such time as redevelopment takes place. The proposed beauty salon in the basement of the house is considered to be compatible and complementary.

(3) The proposed 20 square metres (220 square feet) beauty salon would require one parking space based on the By-law requirement of three spaces per 100 square metres of service uses gross floor area, in addition to the one parking space required for the residential component. The applicant indicates that most of the rear yard is gravelled and can accommodate up to six vehicles, with enough space left over for a garden.

Because of the anticipated limited demand for parking in the rear yard of this home, the existing 3 metre (10 feet) driveway is considered to be sufficient to accommodate vehicle movements to the site.

(4) In order to establish the beauty salon, the applicant would be required to submit a building permit application and meet building code requirements and site plan requirements.

Conclusions:

The proposed beauty salon in the basement of the existing house will provide convenience and service to the community and will maintain the intent of the Official Plan. By limiting the size of the use, Council can ensure that the floor space of the beauty salon will remain subordinate to the existing residential use. Providing for a limited interim use of the site, will not jeopardise the long-term redevelopment potential of the site, and will help maintain the viability of the area. There is ample space in the rear yard to accommodate all the parking requirements for the existing dwelling and the proposed use.

Contact Name:

Aristotle Christou, Senior Planner

(416) 396-5228

(416) 396-4265 Fax No.

christou@city.scarborough.on.ca

The Scarborough Community Council submits the following communication (March 14, 1998) received from Edna Martin; an exact duplicate of which was also received from the following persons:

Ines Ortega, Solidad Alix, Rick Harwick, Jovita Dayot, Madle Linnett, Evelyn Webster, Kim Lang, Elsie Handson, Cathy Davidson, Peter Manza, Greta Capronis, Jim Capronis, Lynda Hood, John Hood, Marion Coyell, Paul Stevenson, Choonja Kang, Zully Kang, Mastaka Inui, Eun Jung Jeong, Yang Choi, Nam Kyu Lee, In-young Kim:

"This is concerning the Zoning By-law Amendment Application Z97042.

The opening of a Beauty Salon at 808 Midland Avenue would be a good acquisition for our community, especially for the senior citizens of Town Haven Place. On the contrary, I don't see what harm could come from such a small business.

I am, therefore, in favour of the Zoning Amendment."

Mr. Fernando Machado, the applicant, appeared before the Scarborough Community Council in support of the foregoing recommendations of the Commissioner of Planning and Buildings, Scarborough.