18.OFFICIAL PLAN AMENDMENT AND ZONING APPLICATION

1202 JANE STREET

G. AND D. MAMAS

FILE NUMBER 10/3/48 - Ward 27, York Humber.

Director, Community Planning, West District

(December 22, 1998)

Purpose:

To consider Official Plan and Zoning By-law Amendments to legalize the use of an existing multiple dwelling house with four apartment units on the above noted property.

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:

(1)the Official Plan for the former City of York be amended generally in accordance with the draft Official Plan Amendment attached as Schedule 1 to this report;

(2)the Zoning By-law 1-83 for the former City of York be amended generally in accordance with the draft Zoning By-law attached as Schedule 2 to this report and worded to the satisfaction of the City Solicitor; and

(3)the introduction of Bills to adopt the Official Plan Amendment and to pass the Zoning By-law be conditional upon the following:

(a)the owner making application for and receiving City approval to permit the existing multiple dwelling house to encroach on the road allowance;

(b)the owner arranging for an inspection of the premises by the City Building Division inspectors and City Fire Prevention Division inspectors;

(c)the Building Division , West District and the Fire Prevention Division advising that the premises comply with Building Code and Fire Code requirements;

(d)the owner submitting a revised site plan to illustrate the provision of an additional parking space in the rear yard adjoining the existing private garage; and,

(e)Toronto Hydro advising that satisfactory arrangement have been made to satisfy their requirements.

Background:

Location and Site:

The site is located on the north-west corner of Jane Street and Goldwin Avenue (see Appendix 1- Location Map). The site has an area of 316.42 m2 (3,406 ft2), with a depth of 33.2 m. (109 ft.) and width of 9.44 m. (31 ft). The following uses are adjacent to the subject property:

North:single and semi-detached dwellings

East:on the east side of Jane Street - Bala Avenue Public School and single and semi-detached houses

West:single and semi-detached houses

South:single and semi-detached houses

A three storey plus basement dwelling house which has been converted to a multiple dwelling house containing four units without a building permit is located on the site. The conversion occurred after 1986 when the house was changed to six units, without a building permit. The number of units has been reduced to four (also without a building permit) by the present owner.

The building has a gross floor area of 328.98 m2 (3,541.2 ft2). A detached garage, which accommodates two parking spaces and one narrower parking space, is located in the rear yard and accessed by an 8 metre wide driveway from Goldwin Avenue. All three parking spaces meet the minimum parking space length requirement of the Zoning By-law by using part of the driveway in front of the garage. The remainder of the rear yard is landscaped open space. (See Appendix 2 - Site Plan and Appendix 4- Elevations).

Proposal

The applicant wishes to retain the four illegally constructed units at a floor space index of 1.03 with two regulation and one narrower parking spaces in the rear garage.

The four units are situated within the building at 1202 Jane Street as follows: one in the basement, two on the ground floor, and one large unit which includes both the second and third floors (see Appendix 4 - Floor Plans). The units have the following floor areas:

Basement:67.2 m2

First:67.2 m2 and 38.1 m2

Second/Third:141.88 m2

Official Plan and Zoning:The Official Plan designates the site as a Low Density Residential Area. This designation allows family detached, semi-detached, duplex, converted dwellings and home occupations. The proposal requires an Official Plan Amendment as a multiple dwelling house is not an allowed use.

The Zoning By-law designates the site as R2. This designation allows a limited range of residential and ancillary uses, and regulates these uses with respect to density, setbacks, etc. The proposal requires a rezoning as this multiple dwelling house is not a permitted use within the zone.

Comment:

Departmental Comments:

The Fire Department has no comments. Works and Emergency Services requirements for the provision of parking will be satisfied. The Buildings Department requires compliance with Part 11 of the Ontario Building Code. The Toronto School Board is able to accommodate any children from the development. Toronto Hydro requires suitable metering arrangements.

Conformity with the Official Plan:

Section 9.10 of the Plan indicates that Council will only consider favourably those applications in Low Density Areas, requesting Medium or High Density Uses, which comply with the following :

·adequacy of transportation network

·adequacy of supporting services

·suitability of density

·relationship of site to adjacent low density areas

The site is located on an arterial road and the transportation network is adequate for the additional three units. The supporting services consist of schools, playgrounds, parks, and hospital which serve the needs of the tenants.

The existing house is located on a large corner lot. No additions are proposed to the house to accommodate the four units. There is adequate landscaped open space available to the residents of the subject property.

The relationship of the site to adjacent low density areas was examined. Except for the school across the street, the site has detached and semi-detached houses surrounding it. The impacts of increased traffic and visual effects of the higher density use, due to the small number of units which will be contained in the existing building.

The existence of four units in the subject building does appear to meet the criteria of the Official Plan for allowing amendments to that Plan when considering medium density uses in this Low Density Residential Area.

Parking:

On-site parking is being provided for three of the four units. Existing Zoning By-law standards require one parking space per unit. Therefore, in this instance four parking spaces would be required. Two regulation parking spaces and one narrower space are located in a rear garage which has access from Goldwin Avenue. The undersized space is still large enough for a compact car to park in the garage.

An additional parking space is required to comply with the parking provisions of the Zoning By-law regulation of one parking space to be provided for each residential unit. The additional parking space can be provided in the rear yard adjoining the existing parking garage with access from the existing driveway. This will entail the removal of a stone barbecue structure. It is recommended, as a condition of approval, that the owner submit a revised plan showing the provision of an additional parking space, as noted above.

Building Encroachment onto City Property:

The south wall of the existing structure currently encroaches into the Goldwin Avenue road allowance. As a condition of approval it is recommended that the owner be required to make an application and receive approval from the City of Toronto for permission to encroach on the road allowance.

Building and Fire Code Compliance:

Since the units already exist, staff are concerned that they may not comply with Building and Fire Code regulations. It is therefore recommended, as a condition of approval, that the owner arrange for an inspection of the premises by City Building Division inspectors and City Fire Prevention inspectors, and that Building Division and Fire Prevention Division advise that the premises comply with Building and Fire Codes.

Conclusion:

This multiple unit dwelling house is located on an arterial road, and is well served by transit, parks and schools. It is buffered on two sides from low density houses by roads, and on the other two sides by fencing. The existence of 4 units within the building will have little impact upon the surrounding neighbourhood and will meet the criteria for residential intensification outlined in the Official Plan. The Official Plan Amendment and Zoning By-law Amendment attached as Schedules 1 and 2 respectively, are recommended for approval, subject to the conditions noted in this report.

Contact Name:

Wendy Johncox, Senior PlannerTel: (416) 394-2868

York Civic CentreFax: (416) 394-2782

(The above-mentioned attachments are on file in the Clerk's Office)

Schedule 1 - Draft Official Plan Amendment

Authority:York Community Council, Report No. Clause ,

as adopted by Council on

Enacted by Council:

CITY OF TORONTO

BY-LAW NO.

TO ADOPT Amendment Number 152 to the

Official Plan of the former City of York Planning Area

__________________________________________________

WHEREAS by By-law Number 1520 passed on the 23rd day of October 1972, the Council of the Corporation of the Borough of York adopted the Official Plan of the former Borough of York Planning Area;

AND WHEREAS it is deemed advisable to adopt an Amendment as Amendment Number One Hundred and Fifty Two to the Official Plan of the former Borough of York Planning Area now the former City of York Planning Area;

AND WHEREAS Council has provided adequate information to the public and has held a public meeting in accordance with the Planning Act, R.S.O. 1990, c.P. 13, as amended;

The Council of the City of Toronto HEREBY ENACTS as follows:

1.That the Amendment to the Official Plan of the Borough of York Planning Area now the former City of York Planning Area, annexed hereto, be and the same is hereby adopted.

ENACTED AND PASSED this day of , A.D. 1999.

_______________________________________________

MAYORCLERK

AMENDMENT NO. 152

TO THE OFFICIAL PLAN FOR THE CITY OF YORK

DETAILS OF THE AMENDMENT

The Official Plan for the City of York is amended as follows:

a)Section 21.2 is amended by adding thereto the following as new Subsection (u):

"(u)Notwithstanding Section 8.3, 9.1 and 9.12 of this Plan, the lands municipally described as 1202 Jane Street, located on the northwest corner of Jane Street and Goldwin Avenue, may be used for the purpose of a multiple dwelling house subject to a maximum floor space index of 1.05."

Schedule 2 -Draft Zoning By-law

Authority:York Community Council Report No. Clause ,

as adopted by Council on , 1998.

Enacted by Council:

CITY OF TORONTO

BY-LAW No.

To amend former City of York By-law No. 1-83

WHEREAS authority is given to Council by Section 34 of the Planning Act, R.S.O. 1990, c.P. 13, as amended, to pass this By-law, and whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act.

The Council of the City of Toronto HEREBY ENACTS as follows:

1.That Section 16 of By-law No. 1-83, as amended, of the former City of York, be further amended by adding a new Subsection (382) as follows:

"(382) LANDS - 1202 JANE STREET

Notwithstanding any of the provisions of this By-law, the lands municipally known as 1202 Jane Street which are more particularly shown on `Schedule A' hereto may be used for a Multiple Dwelling House and any accessory use, subject to the following provisions:

i)the whole of the building existing on the lands at the time of the passage of the By-law introducing this Subsection as shown on Schedule `A' hereto shall be used for a Multiple Dwelling House containing up to 4 dwelling units;

ii)the maximum floor space index shall be 1.05;

iii)one parking space shall be provided and maintained on the lot for each dwelling unit;

iv)the whole of the accessory private garage existing on the lands at the time of the passage of the By-law introducing this Subsection as shown on Schedule `A' hereto may be used for providing and maintaining three parking spaces notwithstanding the provisions of Subsection 3.2.1(a) of Section 3 of By-law 1-83;

v)parking spaces required to comply with the provisions of this Subsection and By-law that are required in addition to the parking spaces provided on the private garage shall be provided abutting the private garage and shall comply with the provisions of Subsection 3.2.1(a) of Section 3 of By-law 1-83;

vi)all other provisions of this By-law shall continue to apply except in the case where the provisions of this Subsection are in conflict, in which case the provisions of this Subsection shall prevail."

2.Subject to the provisions of Section 34 of the Planning Act, R.S.O. 1990, c.P. 13, this By-law shall come into force and effect on the date of the passing.

ENACTED AND PASSED this day of A.D. 1999.

________________________________________________

MAYORCLERK