April 20, 1999

To:Chair and Members, Etobicoke Community Council

From:Karen V. Bricker, Director of Community Planning, West District

Subject:Amendments to the Zoning Code

Andrei Verbitsky

10 Fairfield Avenue

File No: Z-2275(Lakeshore -Queensway)

Purpose:

To consider an application to amend the Zoning Code to permit the conversion of an existing duplex dwelling to a lodging house for seniors at 10 Fairfield Avenue.

Funding Sources, Financial Implications and Impact Statement:

City funding is not required. There are no impacts on capital or operating budgets.

Recommendation:

It is recommended that the application by Andrei Verbitsky be approved, subject to a Public Meeting to obtain the views of interested parties and, the fulfillment of the conditions outlined in this report.

Background:

The subject site is located on the north side of Fairfield Avenue between Twenty-Fourth and Twenty- Sixth Streets in the former Village of Long Branch. The site is occupied by a 2-storey duplex dwelling containing an illegal basement apartment, and a detached 2-car garage. The duplex dwelling is currently being used illegally as a lodging house.

The front yard of the site is landscaped, except for the driveway. The rear yard contains additional landscaping, as well as the detached garage and a 2-car parking pad.

Proposal:

The applicant proposes to convert the duplex to an 8-bedroom lodging house for up to14 seniors. The bedrooms and common rooms would be on the first and second floors. The kitchen, dining room, office, laundry and staff room would be in the basement.

The exterior of the dwelling would not be altered. Existing landscaped areas on the property would be maintained except that a new walkway would be added from the municipal sidewalk to the front door of the dwelling and the rear yard parking pad would be expanded slightly.

Exhibit No. 1 is a map showing the location of the subject property and surrounding zoning. Exhibit Nos. 2, 3 and 4 are reductions of the site plan and elevations, respectively. A summary of the site data is listed in Table 1.

The surrounding lands are generally zoned Residential Multiple-1 (RM-1)(Long Branch) and occupied by a mix of single detached, semi-detached and duplex dwellings. The property to the south directly across Fairfield Avenue is zoned Residential Multiple Apartments (RMA) and occupied by an 81-unit, 8-storey apartment building.

The applicant has applied to Toronto Health Services for a 'Type B' lodging house licence, which would permit up to 1.5 hours of daily care for the occupants. The facility would not be owner-occupied. A staff person would be on duty on a 24 hour basis.

Table 1

Comments:

Official Plan:

The site is designated Low Density Residential in the Official Plan, which permits a range of grade-related housing including lodging houses. Where lands within this designation are not zoned to permit lodging houses, the Plan provides that they may be permitted by site-specific by-law amendment subject to criteria set out in the Plan (Section 4.2.20).

Based on a review of these Official Plan criteria (Exhibit No. 5), staff are satisfied that the site is suitable for the proposed lodging house. It is located near Lake Shore Boulevard, an arterial road with public transit, is sufficiently large to provide adequate landscaping and parking, and is well-separated from existing lodging houses and similar facilities. As well, Health Services have advised that the proposed facility can accommodate the proposed number of residents without overcrowding.

Zoning Code:

The subject property is zoned Residential Multiple-1 (RM-1)(Long Branch) in the Etobicoke Zoning Code, which permits single and semi-detached, duplex, threeplex and fourplex dwellings, but not lodging houses.

Supplementary regulations for lodging houses (Section 330-33) in the Zoning Code restrict the use, location and development standards for lodging houses. The proposed lodging house generally complies with the supplementary regulations except that it is not owner-occupied, has over 10 residents (i.e. up to 14), and is slightly below the minimum side setback required due to the existing location of the dwelling and detached garage.

Therefore, in order to permit the conversion of the duplex to a lodging house, site-specific by-law amendments will be required to permit the proposed "retirement home" lodging house in the Residential Multiple zone, and exempt the facility from certain supplementary regulations for lodging houses.

Agency Comments:

Toronto Health Services, Toronto Realty Services, Toronto Fire Services, Toronto Hydro, Canada Post and Economic Development, Culture & Tourism have expressed no concern with the proposal. The Transportation Services Division of Works & Emergency Services has advised that the proposed parking supply is acceptable, but requires more details regarding the design and drainage of the rear parking pad.

Community Meeting:

A community meeting attended by approximately 16 area residents was held on March 1, 1999.

Residents were primarily concerned that the lodging house had opened illegally without seeking municipal approvals. They requested that the lodging house use be restricted to a retirement home for senior and elderly persons and have barrier-free access. They also suggested that the interior of the building be adapted to provide barrier-free access but Health Services advised that the proposal meets current standards in the lodging house by-law. As noted earlier, if the application is approved, the by-law amendment would restrict the lodging house to a retirement home facility. Prior to the passing of the by-law, a landscape plan detailing matters including barrier-free access to the dwelling will be required. As requested by the ward Councillors, a chronology and copies of explanatory letters from the applicant are attached to this report (Exhibit Nos. 6 and 7).

Conclusions:

The proposed lodging house would be in conformity with the relevant Official Plan policies. The proposal is compatible with surrounding land uses and could be accommodated from a design and transportation perspective.

Conditions to Approval:

1.Prior to the enactment of an amending by-law, submission of a landscape plan which shows, among other matters, barrier-free access to the dwelling, and the design and drainage of the rear parking pad, to the satisfaction of Urban Planning & Development Services and Works & Emergency Services.

2.The amending by-law shall confirm the existing Residential Multiple-1 (RM-1) zoning of the site and permit a lodging house subject to the following conditions:

(i)The lodging house use shall be restricted to a retirement home facility for seniors and the elderly.

(ii)A maximum of 14 residents and one staff person shall be accommodated in the lodging house.

(iii)The lodging house is not required to be owner-occupied.

(iv)The existing east side setback of the dwelling may be reduced from the 1.8 m required to approximately 1.79 m. The existing west side setback of the detached garage may be reduced from the 0.4 m required to approximately 0.3 m. The affected setbacks of the eaves of the dwelling and garage may also be reduced to reflect their existing location.

(v)No exterior alterations or additions to the dwelling shall be permitted to accommodate the permitted use except as required to comply with other municipal and provincial regulations.

Contact Name:

Jamie McEwan, Senior Planner Tel: (416) 394-8878

Community Planning, West District Fax: (416) 394-6063

Karen V. Bricker, MCIP

Director of Community Planning, West District

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Exhibit No. 5

Official Plan Criteria (Section 4.2.20) for Consideration of Site-Specific By-law Amendments to Permit Lodging Houses in the Low Density Residential Designation

a)Location on arterial road

The site is located on a local street, one block north of Lake Shore Boulevard West, a major arterial road which can be readily accessed via Twenty Fourth or Twenty Sixth Streets.

b)Intensity of use to be regulated by a ratio of minimum floor area per resident, to a maximum of 10 residents

The floor area per resident would be 23.6 m2 (253.6 sq.ft.) (includes basement) which meets the 23 m2 minimum required in the Zoning Code. Health Services has advised that the interior layout of the proposed facility could accommodate a maximum of 14 residents, which exceeds the prescribed maximum of 10 residents.

c)Minimum lot size to accommodate this use

The site is 560 m2 (6,028 sq.ft.) in area, which is sufficiently large to accommodate the existing dwelling to be used as a lodging house, as well as the associated parking and outdoor amenity areas. The lot area exceeds the applicable minimum lot size of 460 m2 (4,952 sq.ft.) in the Zoning Code.

d)Use of a fully detached residential building

The subject dwelling is fully detached.

e)Provision of adequate landscaping

The existing landscaped areas on the subject property will generally be retained, keeping the landscaped appearance of the site and providing room for outdoor use by residents of the lodging house.

f)Provision of adequate parking

Four parking spaces are proposed; two in the detached 2-car garage and two on a parking pad at the rear of the dwelling. Transportation Planning staff advise that the proposed parking supply is adequate and exceeds the three spaces required in the by-law.

g)Minimum distance separation between lodging houses or between a lodging house and a group home or any other similar type of residential care facility.

The proposed lodging house is over 400 metres (1,300 ft.) from the nearest existing residential care facility, a lodging house at 17 Nineteenth Street. The proposal does not contribute to an undue concentration of such facilities in the vicinity and exceeds the 300 metre minimum separation required in the Zoning Code.

Exhibit No. 6

Chronology of Events

May, 1996Applicant purchases site.

June, 1998Applicant accepts lodgers without municipal approvals.

July 16, 1998Health Services discovers presence of lodgers at site.

July 27, 1998Building Division confirms that a lodging house at the site would not conform with zoning.

September 28, 1999Applicant applies for zoning by-law amendment.

October 8, 1999Applicant applies for lodging house licence.

February 10 & 16, 1999Fire Services inspects lodging house.

March 1, 1999Community Meeting held regarding zoning by-law amendment application.

Sources: Toronto Health Services, Toronto Fire Services, applicant.