April 14, 1999
To:Toronto Community Council
From:Commissioner of Urban Planning and Development Services
Subject:Direction Report - 31 St. Clements Avenue - Ontario Municipal Board Hearing
(North Toronto)
Purpose:
To seek direction from City Council re Council's position in response to the appeal of
Rezoning Application 198020 to use an adjacent house as administrative offices for St.
Clements School
Source of Funds:
Not Applicable
Recommendation:
That City Council instruct the City Solicitor and the Commissioner of Urban Planning and
Development Services to attend the Ontario Municipal Board hearing on June 16, 1999 to
settle the rezoning appeal respecting 31 St. Clements Avenue based substantially upon the
following terms:
A)that the rezoning by-law contain conditions which:
(i)permits only, in addition to existing R1S district uses, an administrative office for a 'private
academic, religious or philanthropic school'; and
(ii)limits the gross floor area of such administrative office to 120 M2; and
(iii)restricts development of 31 St. Clements Avenue to the currently existing building.
Summary
On June 16, 1999 an Ontario Municipal Board Hearing will commence to hear an appeal by
St. Clements School against a Committee of Adjustment decision refusing an application for
minor variances to permit use of an adjacent house at 31 St Clements Avenue as
administrative offices. Subsequent to that Committee's decision, Rezoning Application No.
198020 was made for the same purpose. The applicant has successfully added an appeal of
Council's failure to make a decision within 90 days on the rezoning application to the June 16
OMB hearing.
City Council may wish to take a position on the rezoning application with a view to settling
the appeal. This report advises that the planning staff supports a conditional approval of the
rezoning application, and would, if directed, attend the OMB hearing to provide evidence
accordingly.
Background:
The proposal to use the house at 31 St. Clements for office purposes by the adjacent St
Clement's School was the subject of an application to the Committee of Adjustment heard
December 1, 1998. The Committee did not approve the application on the basis that it was not
considered a minor variance, and that decision has been appealed to the Ontario Municipal
Board (File V99-7). The date for hearing is June 16, 1999. The same matter was subsequently
subject of a rezoning application submitted December 24, 1998 and as described in my
preliminary report dated March 12, 1999 recommending the application be circulated and a
public meeting in the community held. The Toronto Community Council adopted that
recommendation.
The school's development program has been the subject of several planning applications over
the years, most recently during the period 1989-1992 in respect of major additions to the
school building at 21 St. Clement's. Neighbourhood opposition led to an appeal, but the OMB
decision supported the City's approval of the applications.
Comments:
General
The site is a 7.6 x 40.8 metre lot having an area of 310.7 M2, developed with a two-storey
detached house. Both house and lot are typical of the surrounding residential district. It is
zoned R1S Z 0.6 and subject to a 9.0 m height restriction.
The zoning policy context is that a very limited number of community service buildings is
permitted, or is conditionally permitted, within R1S districts, and here these are churches,
public schools and day nurseries. Other residential zone districts are more permissive in this
respect, and "private academic, religious and philanthropic schools" are permitted uses, and
are common, within R2, R3 and R4 districts. The adjacent school site is now an R4A district.
The Official Plan, and the Yonge - Eglinton Part II Plan, designates the site and surrounding
area west of the Yonge Street commercial strip as a 'Low Density Residence Area', where the
Plan anticipates a wide range of community service land uses will occur together with
residential uses. The Plan policy does not distinguish between public and private schools in
this respect. There would not appear to be any Official Plan issues raised by the application.
While the house at 31 St. Clements has been owned by the school for many years, the prior
applications and appeals did not address the future of this property. It has recently been
renovated for office purposes, but office use is not a permitted use within this R1S district.
Variance or amendment to the Zoning By-law is thus required to approve an office occupancy
in the circumstances. Built form issues do not arise as there would be no external change to
the existing house.
The Appeal
The planning staff took no position on the initial application before the Committee of
Adjustment. Following the decision of that Committee, the applicant has made a rezoning
application to the City. In my opinion, the applicant's request is more appropriately considered
a Zoning By-law amendment than a minor variance.
The rezoning application, and subsequent appeal, expresses the same development objective.
The proposed conversion of a house in these circumstances raises a somewhat difficult choice
between a needed facility for an important local institution, and any potential compromise to
general planning goals for stability, homogeneity of land use and preservation of housing
within low density residential areas. These issues are to some degree inherent to the structure
of residential planning policy within the former City of Toronto, which permits public and
private schools to locate in most residential areas. However, as residential districts are
virtually fully developed, a school expansion can normally occur only at the expense of some
existing housing.
I do not see that the conversion of the house for office purposes represents any real increase
in, or change to, the impacts of the school beyond that discussed and approved in the earlier
expansion program and the conditions as they now exist. A by-law amendment as sought by
the rezoning application should be made conditional upon securing the house to remain,
which would preserve this portion of the residential streetscape. Conditions should also limit
non-residential floor area to that of the existing house so as to restrict future additions or
building replacements at 31 St. Clements. Staff of this Department would be prepared to
advocate this position as a reasonable response to the rezoning application, and associated
appeal, if requested.
In the normal course of reviewing a rezoning application, a public meeting is held in the
affected community. However, given the imminent OMB hearing date, this report is intended
to be dealt with as a deputation item before the Toronto Community Council, with notice to
appropriate
parties. I am reporting at this time to permit Council to determine its position sufficiently in
advance to allow time for preparation for the Ontario Municipal Board hearing scheduled for
June 16, 1999.
Contact Name:Bruce McCormick
Telephone 392-1306
e-mail bmccormi@toronto.ca
Beate Bowron
Director, Community Planning, South District
[p:\ug\uds\pln\to991884.pln] - st
APPLICATION DATA SHEET
| Site Plan Approval: |
N |
|
Application Number: |
198020 |
| Rezoning: |
Y |
|
Application Date: |
December 24, 1998 |
| O. P. A.: |
N |
|
Date of Revision: |
|
Confirmed Municipal Address:31 St. Clements Avenue
| Nearest Intersection: |
South side of St. Clements Ave., west of Yonge St. |
|
|
| Project Description: |
Request permission to use existing house as administrative office for
school. |
| Applicant:
Douglas Quick Goodman &
Carr
200 King St. W., Suite 2300
597-4045 |
Agent:
Douglas Quick Goodman &
Carr
200 King St. W., Suite 2300
597-4045 |
Architect:
|
PLANNING CONTROLS (For verification refer to Chief Building Official)
| Official Plan
Designation: |
LDRA |
Site Specific
Provision: |
No |
| Zoning District: |
R1S Z0.6 |
Historical Status: |
No |
| Height Limit (m): |
9.0 |
Site Plan Control: |
No |
PROJECT INFORMATION
| Site Area: |
310.7 m2 |
|
Height: |
Storeys: |
2 |
| Frontage: |
7.6 m |
|
|
Metres: |
7.92 |
| Depth: |
40.8 m |
|
|
|
|
|
|
|
|
Indoor |
Outdoor |
|
|
| Ground Floor: |
56.9 m2 |
|
Parking
Spaces: |
|
|
|
|
| Residential
GFA: |
|
|
Loading
Docks: |
|
|
|
|
|
|
| Non-Residential GFA: |
113.7 m2 |
|
(number,
type) |
|
|
|
|
|
|
| Total GFA: |
113.7 m2 |
|
|
|
|
|
|
|
|
|
|
FLOOR AREA BREAKDOWN |
|
|
|
|
|
Land Use |
Above
Grade |
Below
Grade |
|
|
|
|
|
Office |
113.7
m2 |
|
| PROPOSED DENSITY |
|
|
| Residential Density: |
Non-Residential Density: 0.37 |
Total Density: 0.37 |
