2 FLORENCE CRESCENT - ZONING BY-LAW AMENDMENT

APPLICATION - Ward 27, York Humber.

Director, Community Planning, West District

(January 27, 1999)

Purpose:

To consider a Zoning By-law Amendment to permit the continued use of an existing 48m² garage as a retail store. The garage is attached to a detached dwelling house.

Funding Sources, Financial Implications and Impact Statement:

City funding is not required. There are no impacts on capital or operating budgets.

Recommendations:

It is recommended that:

(1)the application be approved; and

(2)Zoning By-law 1-83 of the former City of York be amended in accordance with the draft Zoning By-law Amendment, worded to the satisfaction of the Legal Division, attached as Schedule 1 to this report.

(3)the introduction of the Bill to pass the Zoning By-law be conditional upon the following:

(a)the owner executing a Development Agreement with the City to secure fencing and parking layout improvements; and

(b)Toronto Hydro advising that any necessary arrangements have been made to satisfy their requirements.

Background:

Site and Surrounding Area:

The 0.03 ha. (0.08 acre) subject property is located on the north-west corner of Florence Avenue and Jane Street (see Appendix 1). It has a frontage of 8.0 metres (26 ft.) on Florence Crescent and a flankage depth of 33.5 metres (110 ft.) on Jane Street. The site is occupied by a modest one and one-half storey detached house with a one-storey, 48 m² (517 ft²) attached rear yard garage which has been converted into a retail store without a building permit.

The existing uses surrounding the site are as follows:

North:an access driveway leading to an industrial use on the former Belt Line rail lands, and beyond the driveway, a single detached house;

South:across Florence Crescent, a two-storey mixed use commercial/residential building (first floor restaurant, second floor apartment)

East:across Jane Street, a two-storey mixed use commercial/residential building (two retail stores on the first floor, second floor apartment)

West:a single detached house

Proposal:

The applicant proposes to rezone the subject property in order to recognize and retain an existing 48m² retail store located in the converted attached rear garage. The site plan and building elevation drawings are attached to this report as Appendices 2 and 3, respectively. The rear yard has been asphalt paved to provide three parking spaces accessible directly from Jane Street. A one and one-half metre high wrought iron fence, including a lockable gate to control vehicular access to the parking area, is located along the Jane Street flankage property line.

Official Plan:

The Official Plan designates the site Low Density Residential which permits primarily single detached, semi-detached and duplex houses. However, this designation also permits "restricted minor commercial uses, providing a convenience to the local resident population and limited accordingly in size and orientation."

Zoning By-law:

The subject property is zoned R2 - Residential which permits single detached, semi-detached and duplex homes. The R2 zone does not permit retail stores.

Comments:

Agency Comments:

The Municipal Standards Division of the Urban Planning & Development Services Department has commented that they have an active file on the subject property pertaining to the existing illegal retail store use.

The Fire Department and the Works and Emergency Services Department have no objections to the proposed rezoning. Toronto Hydro also offers no objections, but advises the applicant to contact their office regarding the proposed change in use and possible service upgrade.

The Building Division has commented that, in accordance with Zoning By-law 1-83, one parking space is required on the subject property for the existing house. In addition, one parking space for every 47m² of gross floor area is required for the retail store. Therefore, a total of 2 parking spaces are required to be provided on the subject property to accommodate the existing house and retail store.

Neighbourhood Comments:

A letter regarding the proposed rezoning, attached as Appendix 4, has been received from Mr.M.Adamowich, owner of 740 Jane Street, an irregular-shaped property currently used for both a detached house and a legal non-conforming industrial use. The driveway of Mr. Adamowich's property abuts the rear lot line of 2 Florence Crescent. Mr. Adamowich opposes the application because the grocery business draws vehicular traffic to the property and the area cannot support additional traffic congestion. Mr. Adamowich also claims that customers and delivery trucks accessing the retail store park in his abutting driveway.

Evaluation:

The proposed Zoning By-law Amendment conforms with the policies of the Official Plan which permit limited commercial uses within Low Density Residential areas. The small size of the proposed retail store and the property's location on Jane Street, which in this area is not a prominent shopping district, will dictate a clientele of primarily local residents.

With respect to local neighbourhood impact, there are several existing small commercial uses scattered along Jane Street south of Black Creek. Therefore, the proposed retail store will not conflict with the existing character of Jane Street. Furthermore, since access to the parking spaces for the retail store is from Jane Street, commercial traffic will not adversely impact Florence Avenue and the residential community.

In order to mitigate the impact of the retail store on the surrounding properties, a number of improvements to the subject property are necessary. To limit the visual impact on the abutting residential property to the west, a 1.8 metre wood screen fence will be required along the west lot line, from the front wall of the store to the rear property line. To address the concerns raised by Mr.Adamowich, a fence will be required along the north property line, abutting Mr. Adamowich's access driveway. The fence will clearly delineate the property line between the two sites and discourage illegal parking on Mr. Adamowich's lot.

With respect to parking, the 3 parking spaces proposed in the rear yard are adequate to meet the parking requirements of Zoning By-law 1-83. However, the parking spaces as proposed by the applicant are inappropriately positioned. Due to their angle and location along the west property line, they fail to provide adequate space for on-site turning movements, thereby requiring customers to reverse onto Jane Street. To improve access, the spaces must be located adjacent to the front wall of the proposed store and parallel to the west property line, thereby providing a 6.2 metre (20.3 ft) driveway behind the spaces in which vehicles may turn. A revised site plan identifying the appropriate parking configuration is attached as Appendix 5.

These improvements would normally be secured by agreement under a Site Plan Approval process. However, since the conversion of the garage has already occurred, there is no opportunity to apply Site Plan Approval. As an alternative means of securing the fencing and parking configuration improvements, staff recommend that the owner be required to execute a development agreement, which can include a provision for posting a financial security, prior to the introduction of the recommended Zoning By-law to City Council for enactment.

Conclusion:

The proposed Zoning By-law Amendment to allow the continuance of an existing 48m² retail store on 2 Florence Crescent represents an acceptable and compatible use of the subject property. It conforms with the policies of the Official Plan and is in keeping with the general character of JaneStreet, which is a mix of houses and minor, local retail uses. Staff, therefore, recommend approval of the application.

Staff also recommend approval of the draft Zoning By-law Amendment, attached as Schedule 1 to this report, which restricts the use of the former garage on the subject property to a retail store or office with a maximum gross floor area of 50m². It requires that 3 parking spaces be provided in the rear yard of the subject property. Further, it does not permit other commercial uses, such as restaurants, public garages or recreational facilities, which may have a greater impact on the surrounding community in terms of noise or hours of operation.

Adequate fencing and a revised parking configuration, to mitigate impacts on surrounding properties, will be secured through a development agreement which the owner will be required to execute prior to passage of the By-law by City Council.

Contact Name:

Henry Byres, Senior PlannerTel: (416) 394-2618

York Civic CentreFax: (416) 394-2782

(Copies of Appendix 1-5, referred to in the foregoing report were forwarded to all members of Council, with the agenda of the York Community Council for the meeting of February17and18,1999, and copies thereof is on file in the Clerk's Division, YorkCivicCentre.)