June 30, 1999

To:Scarborough Community Council

From:Ted Tyndorf, MCIP, RPP

Director of Community Planning, East District

Subject:REQUEST FOR DIRECTION

City-initiated Zoning By-law Amendment (File SW99004)

West side of Pharmacy Avenue north of Huntingwood Drive

Parts of Lots 32, 33 and 36 to 46 inclusive, Registered Plan 3699, and

East Side of Fairglen Avenue north of Huntingwood Drive

Parts of Lots 27 to 42 inclusive, Registered Plan 4209

Various Owners

L'Amoreaux Community

Scarborough Wexford

Purpose:

To obtain authority and direction from the Scarborough Community Council for a City-initiated rezoning to recognize 30 lots on Pharmacy Avenue, Fairglen Avenue and Huntingwood Drive which are no longer whole lots on a Registered Plan, and which therefore no longer comply with the requirements of the Zoning By-law.

Financial Implications:

None.

Recommendations:

That Scarborough Community Council direct the Director of Community Planning (East District) to:

(1)initiate an amendment to the Intensity of Use provisions of the Zoning By-law to recognize the existing sizes and frontages of the subject parcels;

(2)convene an information meeting with the affected property owners to explain the proposed By-law amendment; and

(3)target the Public Meeting for the September meeting of Scarborough Community Council, with Notice to be given within the statutory 120 metre (400 foot) circulation area.

Background:

The subject Pharmacy Avenue parcels were first established in 1949 through Registered Plan 3699, as shown on Figure 1. The subdivision consisted primarily of large 0.2 hectare (0.5 acre) lots down the west side of Pharmacy Avenue and the east side of Victoria Park Avenue (then called Dawes Road), separated by a remnant 9.6 hectare (24 acre) farm parcel. The 0.2 hectare (0.5 acre) Fairglen Avenue parcels were subsequently established in 1952 through Registered Plan 4209, as shown on Figure 2, which subdivided the farm parcel. (The northernmost lots on the original plans between Fairglen and Pharmacy now comprise the Fairglen Public School property.)

These subdivisions are good examples of early northerly suburban expansion typical of the 1940's and early 1950's within the (then) Township of Scarborough, characterized by large, deep rural residential lots and gradually diminishing farming operations.

Since that time, further land consolidations, subdivision and numerous severances within the original plans were carried out intermittently by various developers and builders. Almost all the subject part lots were created through one consent approval by the Committee of Adjustment in February 1973, which severed off the rear 46 to 49 metres (150 to 160 feet) of each lot for land assembly purposes, to be developed by future plan of subdivision. Part of Lot 40, Registered Plan 3699 (2096 Pharmacy) was similarly established in September of the same year. (Staff have not yet been able to establish the origin of the four parcels at 95 Fairglen Avenue and 40, 42 and 46 Huntingwood Drive that formerly comprised Lots 41 and 42, Registered Plan 4209.) That specific land assembly resulted in the 1974 Sesame Street subdivision (Registered Plan M-1562) which is shown on Figure 3 in relation to the subject 30 parcels. Similar activity also occurred south of Altair Avenue creating the Leafield Drive subdivision, which is progressing southerly in stages as additional land assemblies are completed. The present lot fabric of the larger neighbourhood is illustrated on Figure 4.

The Intensity of Use standards of the L'Amoreaux Community Zoning By-law specify either the minimum lot size and frontage required for single family development, or that the lot be a whole lot on a registered plan. These standards were established in the original by-law and through a number of rezonings to permit the various subdivisions to proceed, including By-law No. 15667 applying to the new whole lots in the Sesame Street subdivision. The subject parcels, however, have remained as remnant parts of the original lots since the 1973 Consent approvals leading to creation of the Sesame Street subdivision in 1974. They have therefore not conformed to the By-law requirement to be a whole lot on a registered plan since that time. (The three lots indicated on Figure 3 as Lots 1, 2 and 3 on the west side of Pharmacy Avenue, formerly Lots 34 and 35, Registered Plan 3699, as well as the easterly portion of Lot 41, Registered Plan 4209, were included in the Sesame Street subdivision and are correctly zoned as to size.)

This non-conformity appears to have been an inadvertent result of Committee of Adjustment Consent decisions, and has only recently come to light through an application for a Building Permit affecting 2088 Pharmacy Avenue, being Part of Lot 44, Plan 3699. The current owners propose to demolish and replace the existing dwelling, and have filed for a building permit. The permit review process has now identified the non-conforming lot size problem, for both those owners and the other neighbouring properties.

To resolve matters as quickly as possible, the owners of 2088 Pharmacy Avenue applied for a Minor Variance to address the non-conforming lot size situation. On June 2, 1999, the Committee of Adjustment waived the minor variance application fee for 2088 Pharmacy Avenue, given this situation was essentially created by the municipality and was not the fault of the property owners. The application was before the Committee for consideration on June 16, 1999, and was deferred to the July 14, 1999 meeting on the request of Councillor Tzekas who wished to undertake certain consultations. The Councillor has also advised staff that he supports such an initiative by the City. The owners wish to proceed with the minor variance at this time, however, in order to obtain their building permit and proceed with construction of the new home.

Comment and Conclusion:

This is clearly an unfortunate situation which did not result from any improper action by the owners of these properties. The likelihood of similar further minor variance applications for the remaining 29 properties is high, which is neither fair to the owners nor an efficient use of the Committee of Adjustment and the resources of the City. This neighbourhood has existed in harmony with an array of lots sizes for over 25 years. The subject parcels remain approximately 0.1 hectares (0.25 acres) in size which are larger than most in the area, and this size should now be recognized through a City-initiated amendment to the Intensity of Use provisions applicable to the subject parcels in the L'Amoreaux Community By-law.

Contact Name:

Rod Hines, MCIP, RPP

Scarborough Civic Centre

Telephone: (416) 396-7020

Fax: (416) 396-4265

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

___________________________

Ted Tyndorf, MCIP, RPP

Director, Community Planning, East District

City Planning Division

RH/