Draft Zoning By-law -

1090 Shaw Street (Davenport)

The Toronto Community Council recommends that:

(1)the Draft By-law attached to the report September 18, 1998 of the Solicitor be approved and that authority be granted to introduce the necessary Bills in Council to give effect thereto; and

(2)the report (September 14, 1998) from the Commissioner of Urban Planning and Development Services be adopted.

The Toronto Community Council reports, for the information of Council, that notice of the public meeting was given in accordance with the Planning Act. The public meeting was held on October 14, 1998, and no one addressed the Toronto Community Council.

The Toronto Community Council submits the following report (September 18, 1998) from the City Solicitor:

Purpose:

This report provides the necessary draft by-law amendments to permit private garages on certain lots in this Council-approved development to be closer to residential buildings on abutting lots than otherwise required by the by-law.

Funding Sources, Financial Implications and Impact Statement:

The enactment of the Draft By-law has no financial implications or impact for the City. It requires no funding.

Recommendations:

It is recommended that:

(1)The Toronto Community Council hold a public meeting in respect of the Draft By-law in accordance with the provisions of the Planning Act.

Following the public meeting and in the event the Toronto Community Council wishes to approve the Draft By-law, it could recommend:

(2)That the Draft By-law attached to the report September 18, 1998 of the Solicitor be approved and that authority be granted to introduce the necessary Bills in Council to give effect thereto.

Council Reference/Background/History:

The Toronto Community Council will have before it the Report of Urban Planning and Development Services concerning the above-noted subject. This report recommends the amendment of site-specific Zoning By-law 1997-0229 to permit certain private garages to be closer to residential buildings on abutting lots than the 4.5 metres otherwise required by the by-law.

Comments and/or Discussion and/or Justification:

This report contains the necessary Draft By-law, which, if enacted, will give effect to the Planning Report.

Conclusions:

n/a

Contact Name:

Raymond M. Feig, Solicitor

Telephone: (416) 392-7224

Fax:(416) 392-0024

E-mail:rfeig@city.toronto.on.ca

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DRAFT BY-LAW

Authority:Toronto Community Council Report No. , Clause

as adopted by Council

Adopted by Council:

CITY OF TORONTO

Bill No.

BY-LAW No. -1998

To amend By-law No.1997-0229, being A BY-LAW

To amend General Zoning By-law 458-86

with respect to lands known as 1090 Shaw Street.

The Council of the City of Toronto HEREBY ENACTS as follows:

1.Section 4 of By-law No. 1997-0229 is amended as follows:

(1)by inserting "6(3) Part II 7(ii)A as it pertains to Blocks "A", "B", "C", "G" and "H"," after "6(3) part II 2, 3, 4 and 5,";

(2)by amending the provisions respecting Block "A" by:

(i)deleting the word "and" at the end of paragraph (8);

(ii)deleting the period in paragraph (9) and inserting therefore ";and"; and

(iii)inserting "no accessory building or structure is closer to a residential building than 3.1 metres." as paragraph (10);

(3)by amending the provisions respecting Block "B" by:

(i)deleting word "and" at the end of paragraph (9);

(ii)deleting the period in paragraph (10) and inserting therefore ";and"; and

(iii)inserting "no accessory building or structure is closer to a residential building than 3.1 metres." as paragraph (11);

(4)by amending the provisions respecting Block "C" by:

(i)deleting the word "and" at the end of paragraph (8);

(ii)deleting the period in paragraph (9) and inserting therefore ";and"; and

(iii)inserting "no accessory building or structure is closer to a residential building than 3.1 metres." as paragraph (10);

(5)by amending the provisions respecting Block "G" by:

(i)deleting the word "and" at the end of paragraph (8);

(ii)deleting the period in paragraph (9) and inserting therefore ";and"; and

(iii)inserting "no accessory building or structure is closer to a residential building than 3.1 metres." as paragraph (10); and

(6)by amending the provisions respecting Block "H" by:

(i)deleting the word "and" at the end of paragraph (7);

(ii)deleting the period in paragraph (8) and inserting therefore ";and"; and

(iii)inserting "no accessory building or structure is closer to a residential building than 2.1 metres." as paragraph (9).

ENACTED AND PASSED this day of , A.D. 1998.

Mayor City Clerk

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The Toronto Community Council also submits the following report (September 14, 1998) from the Commissioner of Urban Planning and Development Services:

Purpose:

To recommend a technical amendment to reduce the required setback between some of the private garages and residential buildings on abutting lots for a project which has already been approved and is now ready for construction.

Source of Funds:

N/A

Recommendations:

1.That Zoning By-law 1997-0229 be amended so as to:

(a)amend Section 4 to exempt Blocks A, B, C, G and H from Section 6(3) PART II (7)(ii)(A) of Zoning By-law 438-86 in addition to those exemptions set out herein; and

(b)include within the zoning provisions for Blocks A, B, C, and G the following requirement:

no accessory building or structure is closer to a residential building than 3.1 metres;

(c)include within the zoning provisions for Block H the following requirement:

no accessory building or structure is closer to a residential building than 2.1 metres;

Comments:

On May 12, 1997 the Council of the former City of Toronto approved By-law 1997-0229 to permit up to 100 semi-detached dwellings at 1090 Shaw Street. This by-law was not appealed and the project is ready for construction. Several houses have already been pre-sold.

The applicant is seeking an amendment to the site-specific zoning which requires the development to comply with the general zoning requirement that private garages be set back a minimum of 4.5 metres from residential dwellings on adjacent lots. An exemption from this general zoning by-law requirement would have been included in the site-specific by-law had the applicant believed he could not meet this requirement. It was only following completion of more detailed design drawings that the applicant realized that an exemption to this requirement was needed for a small percentage (26%) of the units. Twenty units will have a setback of between 3.1 to 4.5 metres and 6 units will have a setback of between 2.1 to 3.6 metres. A typical lot and building plan is shown on Plan 1 attached.

I am satisfied that the setbacks that are proposed are in keeping with the planning and design principles envisioned for this infill development and will result in small, yet amenable, rear yard conditions for a small percentage of the dwellings.

Given the technical nature of this amendment, the support expressed by local residents for this project and so as to not cause undue hardship on people who have already purchased homes by delaying construction, I have proceeded directly to a Final Report on this application.

Contact Name:

Michael Major

Telephone: (416) 392-0760

Fax: (416) 392-1330

E-Mail: mmajor@city.toronto.on.ca

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Application Data Sheet

Confirmed Municipal Address:1090 Shaw Street.

Planning Controls (For verification refer to Chief Building Official)

Project Information

The Toronto Community Council reports, for the information of Council, having also had before it during consideration of the foregoing matter, a communication (October 13, 1998) from Arcangelo Mele, and a copy thereof is on file in the office of the City Clerk.

Insert Table/Map No. 1

1090 Shaw

Insert Table/Map No. 2

1090 Shaw