52 HYDE AVENUE - ZONING BY-LAW AMENDMENT APPLICATION

Ward 27, York Humber

Director of Community Planning, West District

(March 3, 1999)

Purpose:

To present a draft Zoning By-law to permit the continued use of the existing building on the subject lands for mixed industrial - residential purposes on a temporary basis not exceeding three years, for consideration at the Public Meeting to be held respecting this application.

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)Community Council receive this report as information to be considered at the Public Meeting respecting the attached Temporary Use Zoning By-law; and

(2)should Community Council give favourable consideration to the application, Zoning By-law1-83 be amended in accordance with the draft Zoning By-law, worded to the satisfaction of the Legal Division, attached as Schedule 1 to this report.

Background:

At it's meeting on February 17, 1999, Community Council considered an Urban Planning and Development Services Department report which recommended refusal of a Zoning By-law Amendment (Temporary Use) application respecting 52 Hyde Avenue. The application seeks to permit the continued use, on a temporary basis not exceeding three years, of the existing building on the property for mixed industrial - residential purposes. The location of the property is shown on the location map attached as Appendix 1.

The property currently contains a two-storey block building housing two industrial workshops on the ground floor, a use permitted by the Basic Employment zoning, and four illegal residential apartments on the second floor, which previously were converted from commercial space without a building permit. Site data relating to the application is as follows:

The property owner and applicant, Mr. Danny Nardelli, made a deputation before Community Council in support of the application. Upon considering the staff report and Mr. Nardelli's deputation, Community Council directed that a Planning Act Public Meeting be scheduled to solicit comments respecting the application from the surrounding community. On March 2, 1999, City Council adopted Community Council's recommendation. A Planning Act Public Meeting, to be held by Community Council, has been scheduled for March 30, 1999.

Comment:

Fire Department staff conducted an inspection of the subject property on February 23, 1999, and have confirmed that the building, including the four occupied residential apartments, is in compliance with the Fire Code retrofit requirements.

Attached as Schedule 1 to this report is a draft Temporary Use By-law which is provided for Community Council's consideration at the Public Meeting. The draft By-law permits the continuance of the existing four residential apartments for a period of time not exceeding three years from the By-law's date of passing. The By-law limits the number of apartments to four and restricts their location to the existing second floor of the building. No enlargement of the building will be permitted for industrial or residential purposes during the three year term of the Temporary Use By-law. The By-law also requires that a minimum of 6 parking spaces be provided and maintained on the subject property.

Conclusion:

The draft Temporary Use By-law attached as Schedule 1 to this report is presented for Community Council's consideration.

Contact Name:

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

York Civic CentreFax: (416) 394-2782

SCHEDULE 1 - DRAFT ZONING BY-LAW

Authority:York Community Council Report No. Clause ,

as adopted by Council on , 1999

CITY OF TORONTO

BY-LAW No.

Bill No.

To amend former City of York

By-law No. 1-83

(Re: 52 Hyde Avenue)

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:

SECTION 16 - AMENDED

1.That Section 16 of By-law 1-83, as amended, of the former City of York, be further amended by adding a new Subsection (384 ) as follows:

"(384) 52 Hyde Avenue

Notwithstanding any of the provisions of this By-law, the lands municipally known as 52 Hyde Avenue, which are more particularly shown on 'Schedule A' hereto, may be used for a mixed-use industrial-residential building, for a period of time not to exceed three years from the day of the passing of this by-law, subject to the following conditions:

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 may be used for a mixed-use building containing up to four residential dwelling units;

ii)the residential dwelling units may only be located on the second floor of the building;

iii)the gross floor area of the building shall not be increased while this Subsection remains in effect.

iii)a total of 6 parking spaces shall be provided and maintained on-site.

iv)a 2.0 metre driveway shall be provided and maintained along the east side of the building to provide access to parking spaces located in the rear yard.

v)all other provisions of this By-law shall continue to apply except in the case where 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 day of its passing.

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

MAYORCLERK