October 21, 1999

To: Toronto Community Council

From: Acting Commissioner of Urban Planning and Development Services

Subject: Preliminary Report on Rezoning Application No. 199016 to permit an existing rear yard garage at 46 Lakeview Avenue to be used for residential purposes

(Ward 20 - Trinity-Niagara)

Purpose:

To introduce a zoning amendment proposal to permit the residential use of an existing garage at the rear of 46 Lakeview Avenue, and to seek Community Council endorsement to hold a public meeting.

Financial Implications and Impact Statement:

There are no financial implications resulting from the adoption of this report.

Recommendation:

It is recommended that I be requested to hold a public meeting in the community to discuss the application and to notify owners and tenants within 120 metres of the site, area resident and business associations, and the Ward Councillors.

Background:

The owner had submitted two previous Committee of Adjustment variance proposals to convert the rear garage to a residential unit. The first variance proposal (1998) was similar to the current rezoning application but had proposed a slightly larger gross floor area. In July 1998, the Committee of Adjustment refused that application on the grounds that the requested variances were not considered minor or appropriate. The applicant subsequently appealed the Committee's decision to the Ontario Municipal Board (OMB). On November 24, 1998, the OMB dismissed the applicant's appeal on the grounds that the intent of the Zoning By-law would not be maintained, that the proposed residential use of the garage was not considered to be minor or appropriate for the site, and that the proposed converted garage would contribute to overdevelopment of the site.

The second variance application (1999) to convert the garage to a residential unit was identical to the current rezoning proposal. On May 11, 1999, the Committee of Adjustment refused that application on the grounds that the requested variances did not meet the intent of the Zoning By-law, and were not minor or appropriate.

The applicant is now seeking to convert the garage to a residential unit through a zoning amendment, which would allow for a more comprehensive review of the proposal.

Comments:

Site Context

a) Location and Current Development

The site is located on the west side of Lakeview Avenue (north of Dundas Street West and west of Ossington Avenue). The site is currently developed with a 2.5 storey detached house containing 5 residential units, and a 1 storey rear garage. The rear garage provides an accessory function to the house (for storage and a workshop).

b) Official Plan and Zoning Designations

The lands are designated "Low Density Residence Area" by the Official Plan and zoned R2 Z0.6 by By-law 438-86. Both categories permit residential uses. The Zoning By-law, however, permits only one occupied residential structure on a property.

c) Surrounding Land Uses

North - parking lot for the Police Service

South - detached house; public parking lot

East - Lakeview Avenue and detached multiplex house

West - public parking lot

Proposal

The applicant is proposing to upgrade the existing garage to accommodate 1 residential unit, for a total of 6 units on the site. The proposed construction includes the addition of a new pitched roof and upgrading the interior and exterior of the garage. No changes are proposed to the existing house.

In order to accommodate the additional rear residential unit, the applicant has requested a zoning amendment proposing several variations from the provisions of By-law 438-86, including the following:

- more than one principal building would be located on the lot;

- a residential building would be located to the rear of another residential building;

- lot coverage would exceed the maximum permitted coverage;

- setbacks from the side and rear lot lines would not meet By-law requirements;

- required setbacks between the proposed parking station and the existing house and fence would be reduced.

Planning Issues

Issues to be resolved prior to submission of the Final Report include the following:

- the appropriateness of the use of the garage for residential purposes, given the pattern of residential lot development in the area;

- protection of privacy for adjacent residential uses as well as for the proposed development;

- vehicular access, egress and parking to accommodate the proposed intensification; and

- servicing access to the proposed residential unit, including fire access.

Conclusion:

This application should be discussed by the community.

There are a number of issues that must be resolved prior to the introduction of the Final Report to Toronto Community Council.

Contact:

Catherine Cieply

Planner

Telephone: (416) 392-7622

Fax: (416) 392-1330

E-mail: ccieply@toronto.ca

Beate Bowron

Director, Community Planning, South District

(p:\1999\ug\uds\pln\to992022.pln) - smc

List of Attachments:

Application Data Sheet

Maps (4)

APPLICATION DATA SHEET

Confirmed Municipal Address: 46 Lakeview Avenue

PLANNING CONTROLS (For verification refer to Chief Building Official)

Official Plan Designation:	Low Density Residence	Site Specific Provision:	No
Zoning District:	R2 Z0.6	Historical Status:	No
Height Limit (m):	10.0	Site Plan Control:	Yes

PROJECT INFORMATION

Site Area:	784.4 m2		Height:	Storeys:		2
Frontage:	12.2 m			Metres:		5.10
Depth:	64.3 m
				Indoor		Outdoor
Ground Floor:	207.53 m2		Parking Spaces:			5
Residential GFA:	642.9 m2		Loading Docks:
Non-Residential GFA:			(number, type)
Total GFA:	642.9 m2

DWELLING UNITS					FLOOR AREA BREAKDOWN
Existing:	5				Land Use	Above Grade	Below Grade
Proposed:	1				Residential	642.9 m2
Total Units:	6

PROPOSED DENSITY
Residential Density: 0.82	Non-Residential Density:	Total Density: 0.82

COMMENTS

Status:

Application received.

Data valid:

October 21, 1999

Section:

CP South District

Phone:

392-7333