March 16, 1999

To:Scarborough Community Council

From:Ted Tyndorf, MCIP, RPP

Director of Community Planning, East District

Subject:PRELIMINARY EVALUATION REPORT

Zoning By-Law Amendment Application SZ1999005

Dr. Jarmila Filipko

3717 Sheppard Avenue East

Lot 1, Registered Plan 4396

Tam O'Shanter Community

Scarborough Agincourt

Purpose

This report requests approval to schedule a Public Meeting of Council to consider an amendment to the Zoning By-Law for the property located on the southeast corner of Sheppard Avenue East and Birchmount Road. The applicant has submitted an application for a temporary use Zoning By-Law to permit a dental office for a period of three years within the existing single family dwelling on the subject lands.

Recommendations:

That Scarborough Community Council convene a Public Meeting to consider the application, targeted for the second quarter of 1999, subject to:

1.Staff convening a meeting with the applicant and owners of the five adjacent single family properties to review the proposal and discuss future land assembly and redevelopment opportunities for this area.

2.The applicant submitting a Site Plan Control Application for the proposal.

Background:

The subject property has a frontage of 17 metres (56 feet) along Sheppard Avenue East and a depth of 57 metres (186 feet) along Birchmount Road and currently contains a one storey single-family dwelling. Immediately abutting the site to the south is a single-family dwelling and further south are two residential apartment buildings. Adjacent lands to the east consist of four other single-family dwellings and further east are more residential apartment buildings. On the west side of Birchmount Road at Sheppard there is an existing commercial plaza and on the north side of Sheppard Avenue there are residential apartment buildings.

The subject lands, as well as the adjacent single family dwellings, are designated High Density Residential in the Official Plan and zoned Apartment Residential (A) and Single-Family Residential (S).

Dr. Filipko currently operates a dental office from a commercial plaza located on Birchmount Road, north of Sheppard Avenue. The lease for that space will expire in late 1999 and Dr. Filipko would like to relocate her office within the existing single family dwelling on the subject lands. The applicant proposes a temporary use by-law to allow a dental office within the existing dwelling. The current Official Plan designation is not proposed to be changed. The applicant views the Dental Office as an interim use until the property can be consolidated with adjacent properties in order to develop a residential project consistent with the Official Plan and Zoning By-law.

The subject proposal could be permitted by the enactment of a temporary use Zoning By-Law under Section 39 of the Planning Act, which provides for temporary uses to a maximum of three years from the passing of the By-Law. Council may grant extensions of an approval for periods up to three years.

Under Section 5.4.3.8 of the Scarborough Official Plan, Council may pass a Temporary Use By-law to authorize the temporary use of land, buildings or structures for a purpose that is otherwise prohibited by the Zoning By-law, for a period not exceeding three years. A temporary use which would otherwise not conform to the Official Plan may be permitted by a temporary use By-law in order to allow a use of an existing building until the redevelopment of land for a use permitted by the Official Plan is warranted by future market conditions.

Comments:

The Official Plan's High Density Residential designation indicates Council's objective for this site to be redeveloped for high density residential use. The single family properties in this area have not been assembled into one ownership, however, and comprehensive redevelopment does not appear to be imminent. Planning staff are of the opinion that it is appropriate to consider allowing a dental office within the existing dwelling for a temporary period. A temporary use By-law would not compromise the Official Plan's long term objective for the subject lands, and the zoning will revert to the current residential zoning upon lapsing of the approval period.

No proposals to redevelop the subject lands and adjacent single family properties for high density residential uses have been forthcoming. This application presents an opportunity to discuss future land assembly and redevelopment opportunities for this area with the adjacent land owners.

The proposed interim use of the subject site for a dental clinic would serve both the residential and business communities in the area. Furthermore, the many senior citizens who live in the immediate area could walk to this location.

The property is served by an existing septic system and no sewer connection is available. The applicant has retained the services of a qualified engineer who has prepared a report demonstrating the adequacy of the existing septic system to serve the proposed interim use. This report will be reviewed by City staff in conjunction with this application to ensure adequate servicing for the site.

Some improvements to the property are proposed including additional landscaping and renovations to the existing dwelling. Parking is proposed at the rear of the existing dwelling with access from Birchmount Road. The applicant should submit a Site Plan Control application detailing the proposed site plan alterations to accommodate the proposal.

Conclusions:

Interim use of the property for a dental office for a temporary period of three years should be considered by the City. This would give the owner the opportunity relocate an established business in this area which is providing a service to the surrounding community.

Contact Name:

Joe Nanos, Acting Senior Planner

Telephone:(416) 396-7037

Facsimile:(416) 396-4265

E-mail:nanos@city.scarborough.on.ca

Respectfully submitted,

Ted Tyndorf, MCIP, RPP

Director of Community Planning, East District

EC/JMN