Other Items Considered by the Community Council

(a)Real Estate Transactions - Service Road - North York Centre.

The North York Community Council reports having received the following report for information:

The North York Community Council also reports having requested the Budget Committee to allocate funds in the budget for the year 2000 to continue construction of the service road on the east side of Yonge Street.

(December 21, 1998) from the Director, Transportation Services, District 3, providing additional information on the activities undertaken by staff regarding the acquisition of properties for the North York Centre Service Road as requested by the North York Community Council at its meeting held on December 3, 1998, and recommending that the report be received for information.

(b)School Bus Loading Zone - Muirhead Road - Seneca Heights.

The North York Community Council reports having deferred the following report to its next meeting scheduled for February 18, 1999, and having requested the Director, Transportation Services, District 3, to provide a further report on the review of the impacts on the school driveway:

(January 6, 1999) from the Director, Transportation Services, District 3, recommending that By-Law No. 32759, of the former City of North York, be amended to relocate the school bus loading zone from its existing location to the east side of Muirhead Road, between a point 107 metres north of Old Sheppard Avenue and a point 27 metres northerly thereof.

(c)Proposed Zoning By-law Amendment UDZ-94-30 - 1092248 Ontario Limited - 123 and 125 Steeles Avenue East - North York Centre.

The North York Community Council reports having received the following report:

(December 2, 1998) from the Director, Community Planning, North District, reporting on a notice from the Ontario Municipal Board that 1092248 Ontario Limited has referred the zoning by-law amendment application for the lands municipally known as 123 and 125Steeles Avenue East to the Board for a hearing and recommending that the report be received for information.

(d)Appeal of Rezoning Application UDZ-98-08 - 1205373 Ontario Limited (Peter Freed) - 70 to 102 Ellerslie Avenue - North York Centre.

The North York Community Council reports having received the following report:

(January 5, 1999) from the Director, Community Planning, North District, reporting on an appeal of Zoning By-law Amendment Application UDZ-98-08 filed by Jeffrey Goldenberg, Solicitor for the applicant, 1205373 Ontario Limited (Peter Freed) and recommending that the report be received for information.

(e)Application for Part Lot Control Exemption UD54-98-13-REL - 757 Sheppard Avenue West Limited - 757 Sheppard Avenue West - North York Spadina.

The North York Community Council reports having deferred the following report to its next meeting scheduled for February 18, 1999, in order to allow the applicant an opportunity to meet with the Director, Community Planning, North District, and the Ward Councillors.

(January 5, 1999) from the Director, Community Planning, North District, reporting on an application for exemption from part lot control in order that 14 townhouse units may be conveyed into separate ownership, and submitting recommendations with respect thereto.

(f)Preliminary Evaluation Report - Zoning Amendment Application UDZ-98-28 - Plantastics Group Limited - 64-68 Finch Avenue West - North York Centre.

The North York Community Council reports having received the following report:

(January 5, 1999) from the Director, Community Planning, North District, reporting on an application to amend the Zoning By-law to permit the replacement of three existing single-family houses with 26 condominium townhouse units; and recommending that staff continue processing the application in the manner outlined in the report.

(g)Report - Official Plan and Zoning Amendment Application UDOZ-98-11 - Sanmal Investments Limited - 699 Sheppard Avenue East - North York Centre South.

The North York Community Council received the following report and requested that the final report evaluating this proposal, to be submitted to the North York Community Council by the Director, Community Planning, North District, contain detailed comments regarding the Sheppard subway levy:

(January 6, 1999) from the Director, Community Planning, North District, reporting on the status of the application and that the report (July 8, 1998) from the Acting Commissioner of Planning, North York Civic Centre, authorizing staff to continue processing the application in the manner outlined therein be adopted.

(h)Referral of Zoning By-law Amendment Application UDZ-98-13 and Referral of Application for Approval of Plan of Subdivision Application UDSB-1238 - Glenarda Properties Ltd. - 20 Bond Avenue - Don Parkway.

The North York Community Council reports having received the following report:

(January 5, 1999) from the Director, Community Planning, North District, reporting on appeals of Zoning By-law Amendment Application UDZ-98-13 and Subdivision Application UDB-1238 filed by C. J. Tzekas, Solicitor for the applicant, Glenarda Properties Ltd., and recommending that the report be received for information.

(i)Advertising Signs - Removal from Residential Properties.

The North York Community Council reports having deferred the following Resolution (December 1, 1998) from Councillor Flint, North York Centre South, to its next meeting scheduled for February 18, 1999.

The North York Community Council also reports, for the information of Council, having requested the Director, and Deputy Chief Building Official, North District to consult with Councillor Flint, Councillor Shiner and other interested members of Council and to bring forward a report, including any necessary amendments to the Sign By-law, to the North York Community Council meeting of February 18, 1999.

WHEREAS contractors, architects and land developers frequently post large signs advertising their company on residential property where new homes are being constructed; and

WHEREAS these signs remain in place months and sometimes years after the building has been constructed; and

WHEREAS frequent complaints are received from local residents about these signs; and

WHEREAS the Building Department routinely allows such signs to remain in place for a year after construction; and

WHEREAS the City has no record of when signs are first erected; a fact that hinders effective compliance in having signs removed in a timely manner;

THEREFORE BE IT RESOLVED that the builders, architects, contractors etc. be required to remove all signs from residential properties within thirty days of the sign-off of the building by the Building Department.

(j)New Garbage Receptacles - OMG Advertising.

The North York Community Council reports having deferred the following report pending a decision by the Works and Utilities Committee following receipt of the requested reports.

(December 23, 1998) from the General Manager, Solid Waste Management Services, Works and Emergency Services, providing a report regarding advertising on litter containers as requested by the North York Community Council at its meeting held on December 9, 1998.

(k)Sewer Connection Blockage Inspection and Repair Program and Tree Root Removal and Grant Policy.

The North York Community Council reports having referred the following recommendations to the Works and Utilities Committee:

(1)that the proposed harmonized Sewer Connection Blockage Inspection and Repair Program and the proposed harmonized Tree Root Removal and Grant Policy, be adopted;

(2)that the authority for the appeals process be delegated to the Community Councils rather than the Works and Utilities Committee;

(3)the Commissioner of Works and Emergency Services provide each Member of Council with a series of emergency night service and backup telephone numbers;

(i) that the emergency night service lines referred to in Recommendation (3) above be answered by a staff person and not by electronic means, such as voice mail; and

(ii) that a 24 hour protocol be developed for quick responses to Councillors' enquiries.

The North York Community Council reports, for the information of Council, having requested the Commissioner of Works and Emergency Services to prepare a report which is to be forwarded directly to City Council, on the feasibility of utilizing the pipe bursting technology developed through the University of Waterloo.

(December 11, 1998) from the City Clerk, advising that, City Council, at its meeting held on November 25, 26 and 27, 1998, directed that Clause 2 of Report No. 10 of the Works and Utilities Committee, headed "Sewer Connection Blockage Inspection and Repair Program and Tree Root Removal and Grant Policy", be struck out and referred to all Community Councils for consideration with a request that the Community Councils forward their recommendations on this matter back to the Works and Utilities Committee.

(l)Sign By-law Variance Request - Skyview Outdoor - 2145 Avenue Road - North York Centre South.

The North York Community Council reports having deferred the following report to its next meeting scheduled for February 18, 1999:

(December 15, 1998) from the Director and Deputy Chief Building Official, recommending that the request for a variance from North York Sign By-law No. 30788 to permit the erection of a billboard roof sign, be refused.

(m)Sign By-law Variance Request - Billboard Roof Sign - Raffaella Russo - 373 Wilson Avenue - North York Centre South.

The North York Community Council reports having deferred sine die, the following report:

(October 27, 1998) from the Director and Deputy Chief Building Official, recommending that the request for a minor variance from North York Sign By-law No. 30788 to permit the erection of a billboard roof sign be refused.

Mr. J. Ditrani appeared before the North York Community Council in connection with the foregoing matter on behalf of Mrs. Raffaella Russo.

(n)Fence By-law Variance Request - 219 Ruth Avenue - North York Centre.

The North York Community Council reports having deferred the following report to its next meeting scheduled for February 18, 1999, in order to allow the owner of 219 Ruth Avenue to provide an encroachment agreement and written verification that the adjacent property owner concurs with the height and encroachment of the existing fence.

(December 9, 1998) from the Commissioner of Urban Planning and Development Services, recommending that:

(1)the application for a variance on the fence height be refused as the fence encroaches upon the neighbouring premises and the owner advised to remove the fence; or

(2)as the Committee of Adjustment has approved the east side yard setback to the deck of 0 metres whereas 1.8 metre is required which does not include the width of the posts for the fence, that the owner of No. 219 Ruth Avenue be requested to pursue the matter with the neighbours in order to obtain their approval for the fence to remain as an encroachment over their premises; and, if approval is obtained from the neighbours to maintain the encroaching fence, that the fence be reduced in height to 2.13 metres (7') measured from grade.

Mr. David Ho appeared before the North York Community Council in connection with the foregoing matter on behalf of Mr. Tony Chan, property owner of 219 Ruth Avenue.

(o)Bicycle Safety.

The North York Community Council reports having received a presentation by Ms. Barb Wentworth, Bicycle Safety Co-ordinator, Transportation Planning, Urban Planning and Development and a presentation by Mr. Sean Wheldrake, Coordinator of the 1998 Cycling Ambassadors Program, regarding current and proposed cycling and safety programs.

(p)Zoning Amendment Application UDZ-98-09 - Peter Roh - 85 Steeles Avenue East - North York Centre.

The North York Community Council reports having received the following report and having referred the matter back to the Director, Community Planning, North District:

(November 18, 1998) from the Director, Community Planning, North District, forwarding recommendations with respect to the subject application to permit an accounting business as a home occupation within an existing one-family detached dwelling;

The North York Community Council reports having held the statutory public meeting on January 20, 1999, in accordance with the Planning Act.

The North York Community Council also reports having had before it the following communications:

(i)(October 3, 1998) from M.P. Lau, expressing his objections to the application;

(ii)(November 1, 1998) from Alasdair A. Robertson, President, The Bayview Cummer Neighbourhood Association, stating the Association's position that the residential character in the neighbourhood should be retained, and confirming their objection to the proposed zoning by-law amendment application;

(iii)(December 7, 1998) from E. Poleur and B. Bomers, in opposition to the application;

(iv)(December 7, 1998) from K.B. Rowe, in opposition to the application;

(v)(December 7, 1998) from G. Ronan, in opposition to the application;

(vi)(December 7, 1998) from T. Garofalo, in opposition to the application;

(vii)(January 4, 1999) from W. K. Yan, in opposition to the application; and

(viii)(undated) from Mr. Hans Heusel, in support of the application.

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The following persons appeared before the North York Community Council in connection with the foregoing matter:

-Mr. A. Robertson, President, Bayview Cummer Ratepayer Association, who spoke in opposition to the application. His primary objections were with respect to the large front lawn sign advertising the applicant's business, which in his opinion, would be precedent setting for their neighbourhood and would lead to similar applications which could negatively affect the existing residential character of the neighbourhood. He was also concerned about increased traffic and noise levels; overflow parking and the negative impact on the residents' quality of life. He believed that granting a rezoning was an inappropriate way in which to deal with the home occupation issue. Home Occupations in low density residential areas should be properly reviewed and studied by planning staff. He concluded by requesting that the application be refused.

-Mr. Ted Cymbaly, Planning Consultant on behalf of the applicant, Mr. Peter Roh, who commented on the merits of the application. During his submission he pointed out that the subject lands are designated Residential Density One (RD1) in the Official Plan. In this designation, the non-residential uses, such as public facilities and amenities, community institutions and minor commercial uses which are ancillary to the residential use or which serve the local residential population may be permitted as set out in the zoning by-law. In this particular case, the accounting business is ancillary to the residential use and in his opinion, is the least offensive of the home occupation uses allowed.

Mr. Cymbaly further indicated that to date, there have been no complaints from residents about the accounting business other than the design of the sign. In order to address these concerns, the applicant would be willing to remove the sign in question. In his opinion the application is not precedent setting and it would not change the character of the area. He concluded by stating that the applicant concurred with the recommendations contained in the staff report.

-Mr. Peter Roh, applicant, who spoke on the merits of his proposal and the operational aspects of his accounting business. He also indicated that prior to erecting the sign, no complaints had been received about his home occupation use. In response to a question from one of the Councillors, he indicated that he would be willing to remove the sign and to withdraw his application.

-Mr. Tarig Saeed, who indicated that he supported the comments made by the President of the Bayview Cummer Neighbourhood Association. He further indicated that his primary objections were with respect to the precedent setting nature of the application which could ultimately change the character of the neighbourhood and increased traffic congestion in the area.

-Mr. Saeed Quazi, who spoke in opposition to the application. He also questioned the support of the surrounding residents identified by the applicant, as most of the names listed were tenants and not the homeowners.

-Mr. Ken Rowe, who spoke in opposition to the application. His primary objections were with respect to the eventual expansion of this home occupation use and its negative impact on the surrounding community in terms of increased traffic and quality of life. .In concluding he requested that the application be refused.

-Mr. William West, President, Silverview Homeowners Association, who expressed the Association's concerns with respect to the precedent setting nature of the application. He also indicated that his association and the Bayview Cummer Ratepayer Association review matters of mutual interest and in this case, the concerns raised by Mr. A. Robertson were shared by the Silverview Homeowners Association.

(q)Deeming By-law 33158 - Lots in the East Willowdale Neighbourhood - North York Centre.

The North York Community Council reports having deferred the following report to its next meeting scheduled for February 18, 1999:

(December 23, 1998) from the Director, Community Planning, North District, providing information on Deeming By-law No. 33158.