Draft Official Plan and Zoning By-law Amendments -
Yorkville Triangle Area (Midtown)
The Toronto Community Council recommends that:
(1)recommendation No. 2(b)(b)(ii) of the report (March 12, 1999) from the Commissioner of Urban Planning and
Development Services be amended to read:
"2(b)(b)(ii)where the height of the building or structure is greater that 7.0 metres, for any portion of the building
or structure having a depth greater that 14 metres; and"
(2)recommendation No. 2(c)(ii) of the report (March 12, 1999) from the Commissioner of Urban Planning and
Development Services be amended to read:
"2(c)(ii)where the height of the building or structure is greater than 7.0 metres, for any portion of the building or
structure having a depth greater than 11 metres; and"
(3)the report (March 12, 1999) from the Commissioner of Urban Planning and Development Services, as amended
by Recommendation Nos. (1) and (2), be adopted.
(4)the Draft By-laws attached to the report (March 12, 1999) of the Solicitor, as amended, be approved and that
authority be granted to introduce the necessary Bills in Council to give effect thereto; and
(5)there be no further notice of public meeting of the draft by-laws.
Recommendation Nos. (1) and (2) were carried on the following division of votes:
Yeas:Councillors Adams, Chow, Disero, Fotinos, Johnston, Layton, Silva - 7
Nays:Councillors Rae, Bossons, Korwin-Kuczynksi, Miller - 4
The Toronto Community Council reports, for the information of Council, that notice of the public meeting was given in
accordance with the Planning Act. The public meeting was held on March30,1999, and the following persons addressed the
Toronto Community Council:
-Ms. Jane Beecroft;
-Ms. Nina Strait, Board of Director Member, MTCC No. 576;
-Ms. Stacy Sobkowski;
- Mr. Bill Stevenson, President, ABC Residents' Association;
-Ms. Adrienne Clarkson;
-Mr. William Rogers;
-Mr. Rory Finlayson; and
-Mr. Stephen R.S. Sabot, Real Estate Broker.
The Toronto Community Council submits the following report (March 12, 1999) from the City Solicitor:
Purpose:
This report provides the necessary draft by-law amendments to vary the planning controls respecting the Yorkville Triangle
Area of Special Identity in the North Midtown as recommended by the Commissioner of Urban Planning and Development
Services.
Funding Sources, Financial Implications and Impact Statement:
The enactment of the Draft By-laws has no financial implications or impact for the City. It requires no funding.
Recommendations:
It is recommended that:
(1)the Toronto Community Council hold a public meeting in respect of the Draft By-laws in accordance with the
provisions of the Planning Act.
Following the public meeting and in the event the Toronto Community Council wishes to approve the Draft By-laws, it
could recommend:
(2)that the Draft By-laws attached to the report (March 12, 1999) of the Solicitor be approved and that authority be
granted to introduce the necessary Bills in Council to give effect thereto.
(3)that there be no further notice of public meeting of the draft by-laws.
Council Reference/Background/History:
The Toronto Community Council will have before it the report of the Commissioner Urban Planning and Development
Services (March 12, 1999), concerning the above-noted subject. This report recommends the amendment of the Official
Plan for the former City of Toronto, together with an accompanying Zoning By-law Amendment which will vary the
planning controls. Pursuant to the report of the Commissioner, should Council approve the draft by-laws, the by-law
repealing Interim Control By-law No. 726-1998 should be adopted as well. The Commissioner has also indicated that a
technical stipulation should be added to the zoning by-law restricting the height of second-storey rooftop deck fences. That
amendment has been included in the draft by-law.
Comments and/or Discussion and/or Justification:
This report contains the necessary Draft By-laws, which, if enacted, will give effect to the Planning Report.
Conclusions:
N/A
Contact Name:
Raymond M. Feig, Solicitor
Telephone:(416) 392-7224
Fax: (416) 392-0024
E-mail:rfeig@toronto.ca
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DRAFT BY-LAW (1)
Authority:Toronto Community Council Report No. , Clause No. ,
as adopted by Council on
Enacted by Council:
CITY OF TORONTO
BY-LAW No. -1999
To adopt an amendment to Section 19.34 (North Midtown Part II Plan) of the Official Plan
for the former City of Toronto
The Council of the City of Toronto HEREBY ENACTS as follows:
1.The text annexed hereto as Schedule "A" are hereby adopted as an amendment to the Official Plan for the former City
of Toronto.
2.This is Official Plan Amendment No. 143.
SCHEDULE "A"
1.Section 19.34 of the Official Plan is amended by deleting the existing Section 6.1 and replacing it with the following:
"Lands within the Low Density Residence Areas of North Midtown are designated as the Yorkville Triangle, Ramsden
Park, and Asquith-Collier Areas of Special Identity as shown on Map B, which forms part of this Amendment. In these
Areas, Council shall employ its available powers of regulation and review in order to seek to ensure that new development
respects the special character of these Areas, which Areas contain tree-lined streets and detached, semi-detached and row
houses that are close to each other and slightly set back from the street. In the Yorkville Triangle and Asquith-Collier Areas
of Special Identity houses are compatible with the predominant Victorian style. The Victorian style, evident in the
Yorkville Triangle, is characterized by one-and-a-half, two and three storey house form buildings, with rear additions
generally set back from side lot lines, and made predominantly of brick with a few early buildings made of wood.
Decorative details include brick bands and patterns, wood trim, iron cresting, porches, bay windows, centre gable, mansard
and gable roof lines, consistent cornice lines and building heights with a vertical emphasis."
DRAFT BY-LAW (2)
Authority:Toronto Community Council Report No. , Clause No. ,
as adopted by Council on
Enacted by Council:
CITY OF TORONTO
BY-LAW No. -1999
To amend the General Zoning By-law No. 438-86 of the former City of Toronto
with respect to the lands known as the Yorkville Triangle
The Council of the City of Toronto HEREBY ENACTS as follows:
1.By-law No. 438-86, being "A By-law To regulate the use of land and the erection, use, bulk, height, spacing of and other
matters relating to buildings and structures and to prohibit certain uses of lands and the erection and use of certain buildings
and structures in various areas of the City of Toronto", as amended, is further amended as follows:
(1)by inserting the following definition and the attached map 1 in Section 2(1):
""Yorkville Triangle" means the part of the City of Toronto delineated by heavy lines and shown on the following map;"
(2)by adding to Section 12(2) the following exception:
"322. No person shall erect or use a building or structure:
(i)on any lot within the Yorkville Triangle having an integral private garage if vehicle access to the garage is located in a
wall of the building facing the front lot line;
(ii)on any lot with frontage on Hazelton Avenue, Webster Avenue, exclusive of lands with the flank of the lot on Webster
Avenue known municipally as 121 Avenue Road, or the south side of Berryman Street, within the Yorkville Triangle:
(a)where the building or structure has a depth greater than 17 metres;
(b)where the height of the building or structure is greater than 7.5 metres, exclusive of a deck fence and other rooftop
elements permitted by Section 4(2)(a)(i), for any portion of the building or structure having a depth greater than 14 metres;
and
(c)where:
A.in the case of a detached house on a lot with lot frontage of 6.5 metres or greater, any part of the building or structure
beyond a depth of 12 metres is closer than 1.2 metres to a side lot line; and
B.in the case of a semi-detached house or the end unit in a series of row houses, on a lot with lot frontage of 5.5 metres or
greater, any part of the unattached side of the building or structure beyond a depth of 12 metres is closer than 1.2 metres to
a side lot line.
(iii)on any lot with frontage on Bishop Street, New Street, or the north side of Berryman Street, within the Yorkville
Triangle:
(a)where the building or structure has a depth greater than 14 metres;
(b)where the height of the building or structure is greater than 7.5 metres, exclusive of a deck fence and other rooftop
elements permitted by Section 4(2)(a)(i), for any portion of the building or structure having a depth greater than 11 metres;
and
(c)where:
A.in the case of a detached house on a lot with lot frontage of 6.5 metres or greater, any part of the building or structure
beyond a depth of 9 metres is closer than 1.2 metres to a side lot line; and
B.in the case of a semi-detached house or the end unit in a series of row houses, on a lot with lot frontage of 5.5 metres or
greater, any part of the unattached side of the building or structure beyond a depth of 9 metres is closer than 1.2 metres to a
side lot line.
For the purposes of this exception, a deck fence means an open picket structure or railing on the roof not exceeding 1.1
metres in height, except in the case of the attached side of a semi-detached house or row house, where the deck fence may
be opaque and have a maximum height of 2 metres.
DRAFT BY-LAW (3)
Authority:Toronto Community Council Report No. , Clause No. ,
as adopted by Council on
Enacted by Council:
CITY OF TORONTO
BY-LAW No. -1999
To repeal Interim Control By-law No. 726-1998
The Council of the City of Toronto HEREBY ENACTS as follows:
1.By-law No. 726-1998 "To effect interim control on certain residentially zoned lands fronting on Hazelton Avenue,
Webster Avenue, Berryman Street and Bishop Street", as amended, is hereby repealed.
The Toronto Community Council also submits the following report (March 12, 1999) from the Commissioner of
Urban Planning and Development Services:
Purpose:
To recommend amendments to the planning controls for the Yorkville Triangle in the North Midtown area to better reflect
the existing built form context and protect the heritage character of the area.
Existing planning controls were, for the most part, found to provide appropriate direction and protection subject to further
fine tuning. It was determined that, among other matters, existing regulations do not adequately control building depth, and
the heights and setbacks of the rear portions of buildings and additions, so as to better protect access to light, views and
privacy.
Source of Funds:
Not applicable.
Recommendations:
(1)That the City Solicitor be requested to submit a draft by-law to give effect to an amendment to Section 19.34 (North
Midtown Part II Plan) of the Official Plan respecting the Toronto Community (the former City of Toronto) to delete Section
6.1 and replace it with the following:
"Lands within the Low Density Residence Areas of North Midtown are designated as the Yorkville Triangle, Ramsden
Park, and Asquith-Collier Areas of Special Identity as shown on Map B, which forms part of this Amendment. In these
Areas, Council shall employ its available powers of regulation and review in order to seek to ensure that new development
respects the special character of these Areas, which Areas contain tree-lined streets and detached, semi-detached and row
houses that are close to each other and slightly set back from the street. In the Yorkville Triangle and Asquith-Collier Areas
of Special Identity houses are compatible with the predominant Victorian style. The Victorian style, evident in the
Yorkville Triangle, is characterized by one-and-a-half, two and three storey houseform buildings, with rear additions
generally set back from side lot lines, and made predominantly of brick with a few early buildings made of wood.
Decorative details include brick bands and patterns, wood trim, iron cresting, porches, bay windows, centre gable, mansard
and gable roof lines, consistent cornice lines and building heights with a vertical emphasis."
(2)That the City Solicitor be requested to submit, in consultation with the Commissioner of Urban Planning and
Development Services, a draft by-law to amend Zoning By-law 438-86, as amended, to:
(a)insert "Yorkville Triangle" and map into SECTION 2 - DEFINITIONS AND INTERPRETATION, (1)
DEFINITIONS;
(b)add, substantially, the following sub-section to SECTION 12 - EXCEPTIONS APPLYING TO SPECIFIC USE
DISTRICTS OR SPECIFIC LANDS, (2) RESTRICTIVE EXCEPTIONS:
"No person shall erect or use a building or structure:
(a)on any lot within the Yorkville Triangle having a below-grade, at-grade or above-grade integral private garage;
(b)on any lot fronting on Hazelton Avenue, Webster Avenue, exclusive of lands with flanking frontage on Webster
Avenue known as 121 Avenue Road, or the south side of Berryman Street, within the Yorkville Triangle:
(i)where the building or structure has a depth greater than 17 metres;
(ii)where the height of the building or structure is greater than 7.5 metres, for any portion of the building or structure
having a depth greater than 14 metres; and
(iii)where:
(a)in the case of a detached house, on a lot with a lot frontage of 6.5 metres or greater; and
(b)in the case of the unattached side of a semi-detached house or the end unit in a series of row houses, on a lot with a lot
frontage of 5.5 metres or greater,
the setback from the side lot line for any part of the building or structure beyond a depth of 12 metres is less than 1.2
metres;
(c)on any lot fronting on Bishop Street, New Street, or the north side of Berryman Street, within the Yorkville Triangle:
(i)where the building or structure has a depth greater than 14 metres;
(ii)where the height of the building or structure is greater than 7.5 metres, for any portion of the building or structure
having a depth greater than 11 metres; and
(iii)where:
(a)in the case of a detached house, on a lot with a lot frontage of 6.5 metres or greater; and
(b)in the case of the unattached side of a semi-detached house or the end unit in a series of row houses, on a lot with a lot
frontage of 5.5 metres or greater,
the setback from the side lot line for any part of the building or structure beyond a depth of 9 metres is less than 1.2
metres."
(3)That the 'Design Guidelines for North Midtown', dated May 5, 1983, as revised by the Further Report, dated June 5,
1985, all in 1987 Land Use Committee Report No. 1, Clause 23, as adopted by Council on December 15, 1986, be revised
as follows:
(a)replace the words "diverse parts of the area are retained and enhanced", in Section 2. Background, Sub-section 2.2
Goals and Objectives, with the words "diverse parts of the area are preserved, restored and/or enhanced";
(b)replace the word "enhancement", in Section 2. Background, Sub-section 2.2 Goals and Objectives (c), with the words
"preservation and restoration";
(c)delete Section 3. General Guidelines, Sub-section 3.3 Streetscape and Built Form (f) and replace it with the following:
"In order to ensure the preservation and character of historic buildings included on the City of Toronto Inventory of
Heritage Properties, new construction should be compatible with existing structures in the immediate area in the following
ways: scale; building location and organization; height and setback; exterior features, including roof pitch and style; cornice
lines; window and door design; the proportion of window and door openings to the overall facade; and the horizontal or
vertical emphasis of major building elements, materials and colour and floor levels.";
(d)add, to Section 13. Low Density Residence Areas, Sub-section 13.3 Streetscape and Built Form, the following:
"(c)In order to preserve and maintain the character of historic buildings included on the City of Toronto's Inventory of
Heritage Properties a new addition should:
(i)preserve the character of the historic building in terms of materials, features and finishes, and limit the loss of historic
material;
(ii)be located to the rear, with limits on size, scale and setback from the walls of the historic building;
(iii)be distinguishable from and harmonious with the historic building in terms of mass and materials;
(iv)not alter the front facade, unless missing historic features such as entrances, windows and window openings, and
porches are being reintroduced, based on historical, pictorial and physical documentation; and
(v)generally not exceed the existing roof ridge line of the existing heritage building, except for restoration of original
roofing materials based on historical, pictorial and physical documentation."
(e)delete Appendix 1: Berryman Street Guidelines.
(4)That Interim Control By-law 726-1998 be repealed, upon the passage of the Official Plan and Zoning By-law
amendments described in Recommendations 1 and 2 above.
(5)That Heritage Toronto be requested to report to Toronto Community Council on the appropriateness of considering the
Yorkville Triangle and possibly a larger area for designation as a Heritage Conservation District under Part V of the
Ontario Heritage Act and the staffing and funding resources required to undertake a study.
Background:
1.Origin:
At its meeting held October 1 and 2, 1998, City Council adopted a Notice of Motion by Councillor John Adams, seconded
by Councillor Ila Bossons, to impose interim control in the Yorkville Triangle area. As adopted, Interim Control By-law
726-1998 states that no person shall erect any building or structure or construct any addition to and/or enlarge any existing
building or structure on lands fronting on Hazelton Avenue, Webster Avenue, Berryman Street and Bishop Street.
When Council enacted and passed By-law 726-1998, it directed Planning staff to conduct a land use planning study to
assess the existing zoning provisions, and to amend, add to or delete those performance standards that might better reflect
the heritage character of the area. Interim Control By-law 726-1998 was to expire on April 1, 1999.
At its meeting held February 2, 3 and 4, 1999, Council passed By-law 11-1999 to extend the in-effect time period of the
Interim Control By-law to June 1, 1999, in order to allow for completion of the land use planning study and any Official
Plan and Zoning By-law amendments.
2.Description of the Study Area:
The boundary of Interim Control By-law 726-1998 was based on a map attached to the above-described Notice of Motion.
However, the boundary of the Interim Control By-law excludes certain properties which are currently in the Yorkville
Triangle, as described in the North Midtown Part II Plan, and it includes several properties which are not within the
Yorkville Triangle. The review and recommendations of this report affect only those lands within the Yorkville Triangle.
The affected lands are all zoned R3 Z1.0. See Map 1.
The Yorkville Triangle study area contains 169 properties. For analysis purposes, the characteristics of four of these
properties have been excluded from the review: namely, 121 Avenue Road, because it was recently subject to its own
site-specific interim control by-law and planning review; 121R Hazelton Avenue, which is a remnant piece of land behind
119, 121 and 123 Hazelton Avenue; and Jesse Ketchum Public School at 61 Davenport Road and the College of Nurses of
Ontario building at 101 Davenport Road, because these two buildings do not share the siting and built form characteristics
of other properties within the study area.
3.Existing Planning Controls:
3.1Applicable Official Plan Policies:
The former City of Toronto Official Plan and the North Midtown Part II Plan (Section 19.34 of the Official Plan) designate
the Yorkville Triangle as a "Low Density Residence Area".
As described in Section 12.5 (a) of the Official Plan, a Low Density Residence Area will be regarded as stable. No changes
will be made through zoning or other public action which are out of keeping with the physical character of the area. It is the
policy to undertake measures which will protect and enhance the Low Density Residence Area. According to Section 12.5
(b) of the Official Plan, Council may pass by-laws within a Low Density Residence Area to permit residential buildings
having a gross floor area up to 1.0 times the area of the lot.
Section 6.1 of the North Midtown Part II Plan states that Council shall seek to ensure that new development respects the
special character of the Low Density Residence Area designated as the Yorkville Triangle Area of Special Identity. As
described in this Section of the Part II Plan, this Area, along with other designated Low Density Residence Areas of Special
Identity in the North Midtown, contains tree-lined streets and two and three-storey attached and detached houses generally
built of brick, consistently set back from the street line, and in the Yorkville Triangle and Asquith-Collier Areas of Special
Identity, compatible with the predominant Victorian-era style.
3.2Applicable Zoning:
The general Zoning By-law of the former City of Toronto (438-86, as amended) zones the lands in the Yorkville Triangle
as R3 Z1.0, with a 12 metre height limit applicable to Jesse Ketchum Public School and properties which front on Hazelton
Avenue and Webster Avenue, and a 10 metre height limit applicable to properties which front on New Street, Bishop Street
and Berryman Street. This residential zoning district limits density to a maximum of 1.0 times the area of the lot.
3.3Applicable Design Guidelines:
When Council adopted the North Midtown Part II Plan, on December 15, 1986, it also directed that Planning staff give
consideration to the Design Guidelines for North Midtown, as amended, when reporting on development review and
rezoning applications in North Midtown.
Section 3 of the Design Guidelines for North Midtown contains general guidelines which relate to vehicular access and
parking, pedestrian circulation and environment, and streetscape and built form. A series of more detailed guidelines affect
each of the geographic areas which comprise North Midtown. Section 13 of the Design Guidelines for North Midtown
specifically applies to the Low Density Residence Areas, including the Yorkville Triangle Area of Special Identity.
Also, Appendix 1 of the Design Guidelines for North Midtown contains a separate set of guidelines applicable to Berryman
Street. The Berryman Street Guidelines are to be referred to when reviewing applications before the Committee of
Adjustment and for Site Plan Approval. The Berryman Street Guidelines are transcribed in the Appendix of this report.
4.Public Meeting:
A public meeting in the community, which was organized jointly by Councillor John Adams and Councillor Ila Bossons,
was held at Jesse Ketchum Public School on February 23, 1999. The meeting was attended by approximately 60 people.
Planning staff outlined the findings of the study to that date and listened to comments. Residents expressed a strong
attachment to the area and, generally stated, supported the imposition of additional regulations to reflect and protect the
area. However, there was little support for reducing the current density limit or for introducing regulations which would
otherwise have this effect.
Comments:
5.Planning Review:
5.1Study Methodology:
The Department studied all the major characteristics of the properties and buildings in the Yorkville Triangle, including:
density; building heights; lot widths; building depths; setbacks; stepbacks; variances granted since 1988; and heritage
status.
Existing planning controls are appropriate, however, the study indicates that some 'fine tuning' is required to better reflect
the existing built form context and protect the heritage character of the area.
5.2Density:
As discussed in Sections 3.1 and 3.2 of this report, the existing planning controls which affect the study area permit a
maximum residential density of 1.0 times the area of a lot.
The average density of existing buildings in the study area is 0.93 times coverage. Generally, buildings on the west-east
streets of Webster Avenue, New Street, Bishop Street and Berryman Street have greater densities than buildings on
Hazelton Avenue. The lower building densities for Hazelton Avenue, which has an average density of 0.85 times coverage,
result because lots on this street are comparatively wider and deeper, and therefore larger, than the lots of the neighbouring
west-east streets. Notwithstanding this lower average density, sixteen percent of the buildings on Hazelton Avenue have
densities in excess of 0.93 times coverage.
Given the densities of existing buildings in this zone, I do not believe that an amendment to the base density limit is
necessary.
5.3Height:
As previously stated, the Zoning By-law sets the height limit for Webster Avenue, Hazelton Avenue and Jesse Ketchum
Public School at 12 metres. The height limit for buildings on New Street, Bishop Street and Berryman Street is 10 metres.
Most existing buildings on Webster Avenue and Hazelton Avenue are 10 metres to 12 metres in height. Buildings on New,
Bishop and Berryman Streets are generally 9 metres to 10 metres in height.
In general, the two height limits applicable to the Yorkville Triangle reflect the heights of existing buildings.
However, the appropriate height for buildings is an issue in the area with respect to the rear portion of new buildings and
rear yard additions to existing buildings, as discussed in Sections 5.4, 5.5 and 5.6 of this report.
5.4Lot Widths:
The Zoning By-law requires that lots be a minimum of 5 metres in width in this area. Lot widths vary throughout the study
area. A relatively small number of lots have widths of 5 metres or less. Approximately two-thirds of the lots have widths
which are 5.5 metres or greater. On Hazelton Avenue, Webster Avenue and Berryman Street, many properties have lot
widths which exceed 6.5 metres. Thirty-three percent of all the properties in the study area have lot widths of 7.62 metres
(25 feet) or greater.
Currently, the applicable general zoning provisions only permit an integral private garage on lots which have a lot width of
7.62 metres or greater (Section 6. (3) Part IV 3. of the Zoning By-law). The Yorkville Triangle is characterized by lots with
relatively consistent setbacks from the front lot line and front yard landscaping. In the few instances where integral garages
have been constructed, the streetscape has been negatively impacted. I am concerned about the potential for an increase in
the number of integral private garages through redevelopment in this area, with its heritage character and mature front yard
landscaping. Therefore, notwithstanding the general provisions of the Zoning By-law, I am recommending that integral
private garages be prohibited in the Yorkville Triangle.
Larger lot widths also allow for increased side yard setbacks. Almost 60 percent of the buildings in the study area have
relatively large side yard setbacks for the rear portion of the building. The increased setback provides for improved light,
view and privacy conditions between buildings, and is being recommended for new buildings and additions in the Yorkville
Triangle. However, I can only recommend an increased setback where the lot width is sufficient to allow for it while
leaving a minimum 'buildable' floor-plate width of 4 metres.
5.5Building Depths and Setbacks:
Section 6 (3) Part II of the Zoning By-law regulates the depth and setback requirements for buildings in a Residential Zone.
In a R3 Z1.0 zone, a detached house is not technically subject to a maximum depth provision. Where the side wall of a
detached house has no openings, a detached house is required to be set back 0.45 metres from its side lot lines for that
portion of the building which has a depth of not more than 17 metres and is required to be set back 7.5 metres for that
portion of the building deeper than 17 metres. Where the side wall of a building has an opening, the 0.45 metre setback
requirement is increased to 0.9 metres. A semi-detached house cannot have a depth greater than 17 metres and a row house
cannot have a depth greater than 14 metres. The same side yard setbacks apply to semi-detached and row houses, however,
the depth of semi-detached and row houses cannot exceed 17 metres.
I have examined the depth and side yard characteristics of buildings in the Yorkville Triangle. Generally stated, the
buildings with the greatest depths are usually located on the lots with the greatest depths. The majority of buildings on
Hazelton Avenue have a depth of 17 metres or greater. In several cases, newer buildings and additions have been granted
minor variances to exceed the maximum depth provisions. A number of buildings on Hazelton Avenue, Berryman Street
and the north side of Webster Avenue have depths between 14 and 16 metres. The remainder of buildings within the study
area have depths of less than 14 metres.
A majority of semi-detached and row houses within the study area have a significant side yard setback for the rear portion
of the building. On deeper lots (on Hazelton Avenue, Webster Avenue and the south side of Berryman Street), this
increased side yard setback usually occurs at a depth of 11 to 13 metres from the front wall of the building. On the more
shallow lots (Bishop Street, New Street and the north side of Berryman Street), the notch occurs at a depth of between 8
and 10 metres from the front wall of the building.
Recommendations 2. b) and c) of this report detail the proposed building depth and setback standards. (See Figures 5 and
6.)
5.6Building Stepbacks:
The third floor of several three-storey buildings is set back from the rear wall of the first and second floors. In other words,
the depth of the third floor is less than the depth of the first and second floors. In some cases, a private outdoor deck is
located in this area. This type of setback reduces the mass and dominance of the rear of buildings, and therefore, their
impact on adjacent properties. A reduced third floor also lessens the shadow impacts on rear yards and adjacent properties.
Given these benefits, I am recommending that the third floor be set back a minimum of 3 metres from the rear wall of the
first and second floors. (See Figures 5 and 6.)
Recommendations 2. b) (b) ii and 2. b) © ii of this report detail the proposed stepback standards.
5.7Heritage Status:
There are 30 properties within the study area which are included on the former City of Toronto Inventory of Heritage
Properties. Of the 30 heritage buildings, 24 properties are listed and six properties are designated as historic. All 24 listed
properties are located on Hazelton Avenue. All six designated properties are located on Bishop Street, specifically, 31-41
Bishop Street. (See Map 4.)
I have consulted with Heritage Toronto. Generally, the historical significance of the area is greater than is indicated by the
relatively low number of designated and listed properties. Many non-listed and non-designated buildings share the same
physical and historic characteristics of buildings which are included on the Inventory of Heritage Properties.
Heritage Toronto has recommended that the North Midtown Part II Plan and Design Guidelines for North Midtown be
amended to better reflect the existing context and to provide guidance for alterations to listed and designated buildings.
Recommendations 1 and 3 of this report were drafted in consultation with Heritage Toronto.
In light of the importance of the area, I am also recommending that Heritage Toronto be requested to report to Toronto
Community Council on the appropriateness of considering the Yorkville Triangle and possibly a larger area for designation
as a Heritage Conservation District under Part V of the Ontario Heritage Act and the staffing and funding resources
required to undertake a study.
5.8Other:
I do not believe that the existing Berryman Street Guidelines, appended to the Design Guidelines for North Midtown and
set out in the Appendix of this report, are required. The recommendations of this report for amendments to the existing
planning controls, the Design Guidelines for North Midtown, and general Design Guidelines for the former City of Toronto
make the Berryman Street Guidelines largely redundant. Therefore, I have recommended that they be repealed.
Conclusions:
Amendments to the North Midtown Part II Plan, Zoning By-law and Design Guidelines for North Midtown affecting the
Yorkville Triangle, as recommended and described in this report, will result in new buildings and additions to existing
buildings which better reflect and protect the character of the area.
Contact Name:
Michael Mizzi
Telephone: 416-392-1324
E-mail: mmizzi@toronto.ca
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Appendix
From: Appendix 1: Berryman Street Guidelines
in the Planning and Development Department report
"Design Guidelines for North Midtown", dated May 5, 1983,
as revised by Further Report, dated June 5, 1985, all in
1987 Land Use Committee Report No. 1, Clause 23.
"Berryman Street Guidelines for applications to Committee of Adjustment, Development Review, as contained in reports
dated, September 8, 1982, adopted by City Council on October 7-8, 1982.
1.Sideyard setbacks - Sideyard setbacks should be enforced for semi-detached houses and end units of townhouses to
ensure access to the rear of the houses because there is no alternate rear laneway access.
2.Depth and rear yard setbacks - Rear yard setbacks should be enforced, especially on the north side of the street.
Variation in house depth should be permitted only when it does not encroach on the required rear yard setback.
3.Front yard setbacks and 50 percent landscaped open space in front yard - The front yard setback should be permitted to
be reduced to the average of the adjacent houses to reflect the existing street and area character. Open space requirements
would have to be reduced on lots narrower than 6 metres (20 feet) and containing integral garages. In these circumstances,
consideration should be given to appropriate planting and paving materials, as noted above.
4.Height - Only very minimal variances should be permitted.
5.Location of integral garages - Garages should be located at grade so that ramps down from the sidewalk are avoided. If
necessary, gates should be provided at the ramp to visually maintain the street level.
6.Severances - Support should be given if the variances requested are appropriate.
7.Application with multiple requests for variances - Careful consideration should be given to the combined impact of the
effects of the variances requested.
8.Timing - Applications for variances and severances should be considered concurrently with consideration of an
application for development review so that the matters of siting and landscaping can be reviewed and appropriate elements
secured on plans.
9.Access - The site plan should allow for adequate and convenient access, parking arrangements and stairways.
10.Landscaping - A minimum amount of front yard should be landscaped with suitable planting, and attractive paving
should be used.
11.Character - Consideration should be given to the street design with respect to scale, roof line treatment, garage door
treatment, stairs, etc. so that the building is compatible with the existing residential character.
12.Density
(a)The maximum permitted gross floor area of the proposal should not exceed 1 times the lot area.
(b)In considering application for other variances, such as setbacks, depth of buildings, etc., consideration should also be
total bulk of the building, and the 'apparent' increase in density which results from the inclusion of large internal voids and
'children's play areas' which are located substantially above grade.
13.Minimum lot frontages - Consideration may be given to support frontages no less than 4.6 metres (15 feet) for inside
rowhousing units, and 5 metres (16.5 feet) for end units of rowhousing and semi-detached houses, provided that the
frontyard landscaping, paving materials, and layout are acceptable and secured through a development agreement."
Insert Table/Map No. 1
Yorkville Triangle Area
Insert Table/Map No. 2
Yorkville Triangle Area
Insert Table/Map No. 3
Yorkville Triangle Area
Insert Table/Map No. 4
Yorkville Triangle Area
Insert Table/Map No. 5
Yorkville Triangle Area
Insert Table/Map No. 6
Yorkville Triangle Area
The Toronto Community Council, reports, for the information of Council, also having had before it the following
communications, and a copy thereof has been forwarded to Council under separate cover:
-(March 24, 1999) from Mr. Adam J. Brown, Brown, Dryer, Karol, Barristers and Solicitors obo owners of 121 Avenue
Road;
-(March 18, 1999) from Mr. Edward Drimmel and Ms. Priscilla Drimmel;
-(March 29, 1999) from Mr. Lawrence H. Zucker, Kagan, Zucker, Feldbloom, Shastri, Barristers and Solicitors obo
owners of 59 Hazelton Avenue;
-(March 29, 1999) from Mrs. Stacie Sobkowski; and
-(March 29, 1999) from Owners, Agents or Tenants of 40 Hazelton Avenue.