79 Highland Avenue: Application No. 098064 for consent

under Chapter 276, Ravines - Article I of the Former City

of Toronto Municipal Code (Midtown)

The Toronto Community Council recommends the adoption of the following report (March 16, 1999) from the Commissioner of Urban Planning and Development Services:

Purpose:

To obtain City Council's consent to Application No. 098064 for a Variance to the Ravine Control provisions of the former City of Toronto Municipal Code.

Source of Funds:

Not applicable.

Recommendations:

It is recommended that:

(1)City Council consent to Application No. 098064 respecting 79 Highland Avenue to permit the construction of terraces and retaining walls within the Park Drive Ravine, on the condition that the owner enter into a Ravine Control Agreement requiring:

(a)that the owner shall provide and maintain the landscaping and ravine improvements substantially in accordance with Plan No. L1, 'Landscape Plan and Details - Back Garden' date stamped as received on December 2, 1998, and redlined March 16, 1999, prepared by William M. Hewick, Landscape Architect, Acme Environmentals, as on file with the Commissioner of Urban Planning and Development Services;

(2)the City Solicitor be authorized to prepare the necessary agreement; and

(3)the owner be advised to contact the Forestry Section, Parks and Recreation Division, Economic Development, Culture and Tourism Services, at 392-1900, upon the completion of all work as indicated on the approved plans.

Comments:

1.Project: To construct terraces, steps and retaining walls at the rear of a replacement house and landscape the rear yard.

2.Location: On the south side of Highland Avenue, between Roxborough Drive and Binscarth Road.

3.Site: The property is generally rectangular with the southern portion, behind either the original or replacement house, sloping down into the Park Drive Ravine. The owner of the property wishes to stabilize a portion of the slopes within the ravine control area with the construction of terraces and retaining walls in conjunction with the construction of a replacement dwelling outside of the control area.

79 Highland Avenue was the subject of a Committee of Adjustment decision approving minor variances in respect of a redevelopment plan on June 5, 1998. Construction Permit 414-695 for the new house was issued July 16, 1998, together with a permit to demolish the existing house.

4.Comments From Civic Officials: (see Appendix A)

(a)Zoning By-law compliance issues relating to the house portion of the site plan have been addressed with approval of minor variances by the Committee of Adjustment in a decision May 6, 1998 (File A 526). The Commissioner of Urban Planning and Development Services (Buildings) has indicated that the current landscaping proposal is in compliance with the Zoning By-law.

(b)The Commissioner of Works and Emergency Services indicated his satisfaction with the proposal subject to standard conditions related to stormwater drainage and any work to be carried out within the street allowance.

(c)The Commissioner of Economic Development, Culture and Tourism Services (Parks and Recreation) stated that the current plans are satisfactory.

(d)The Toronto and Region Conservation Authority have reviewed the application, inspected the site and have no objections to approval.

5.Planning Considerations:

This application arises as portions of stairs and low retaining walls extend approximately one metre into the portion of the lot subject to ravine control, and landscaping/planting of the ravine slopes. The technical review has identified no problems with the proposal, and the plan would complement the associated replacement house construction and adjacent ravine lands.

The original submission was revised March 16, 1999 to delete a staircase to a first floor level terrace.

The proposal is also the subject of Application No. 398111 for Site Plan Approval, which is delegated to the Commissioner of Urban Planning and Development Services. I am prepared to approve that application if Council adopts the recommendations of this report.

Conclusions:

The applicant has proposed works which would stabilize the slopes and upgrade indigenous plant material within the ravine portion of the site. In this instance I believe that the current proposal is reasonable and within the intent of Chapter 276, Ravines, of the former City of Toronto's Municipal Code.

Therefore, I recommend that City Council give consent to the proposed development, subject to the owner entering into a Ravine Control Agreement.

Contact Name:

Bruce McCormick

Telephone: (416) 392-1306

E-mail: bmccormi@toronto.ca

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Application Data Sheet

Confirmed Municipal Address:79 Highland Avenue

Planning Controls (For verification refer to Chief Building Official)

Official Plan Designation:	LDRA	Site Specific Provision:	No
Zoning District:	R1 Z0.35	Historical Status:	No
Height Limit (m):	10.0	Site Plan Control:	Yes

Project Information

Site Area:	970.3 m2		Height:	Storeys:		2
Frontage:	11.0 m			Metres:		9.60
Depth:	60 m
				Indoor		Outdoor
Ground Floor:	181.5 m2		Parking Spaces:	2
Residential GFA:	370.6 m2		Loading Docks:
Non-Residential GFA:			(number, type)
Total GFA:	370.6 m2

					Floor Area Breakdown
					Land Use	Above Grade	Below Grade
					Residential	370.6 m2

Proposed Density
Residential Density: 0.42	Non-Residential Density:	Total Density: 0.42

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Appendix A

Comments from Civic Officials

1.Urban Planning and Development Services (Buildings), dated March 16, 1999

Zoning Review

A review of the information submitted indicates the proposal complies with the City's Zoning By-laws.

Other Applicable Legislation and Required Approvals

2.Works and Emergency Services, dated December 29, 1998

Recommendations:

(1)That the owner be advised:

(a)that the storm water runoff originating from the site should be disposed of through infiltration into the ground and that storm connections to the sewer system will only be permitted subject to the review and approval by the Commissioner of Works and Emergency Services of an engineering report detailing that site or soil conditions are unsuitable, the sois contaminated or that processes associated with the development on the site may contaminate the storm runoff; and

(b)of the need to receive the approval of the Commissioner of Works and Emergency Services for any work to be carried out within the street allowance.

Comments:

Location

South side of Highland Avenue, west of Glen Road.

Proposal

Construction of a 2-storey detached dwelling and the installation of dry laid flagstone retaining walls, flagstone steps, and paving with a combination of claybrick paving and lower grass terrace in the rear yard, within a portion of the designated ravine lands.

Ravine Control Area

The proposed landscaping and the construction of the retaining walls are subject to Municipal Code, Chapter 276 , Ravines, Article I (Park Drive Ravine) and to the Ravine Impact Boundary as set out in section 12(2)319 of By-law 438-86.

Parking

The provision of 2 parking spaces in tandem within an integral garage, along the west side of

the dwelling, satisfies the estimated parking demand for 1 parking space and, as far as can be ascertained, the Zoning By-law requirement for a like number.

Refuse Collection

The City will continue to provide this site with regular curbside refuse collection in accordance with the provisions of the Municipal Code, Chapter 309, Solid Waste. This will require the provision of a rodent proof storage area on private property to separately store recyclable and non-recyclable materials generated between collections.

Storm Water Management

It is the policy of City Council to require the infiltration of storm water run-off into the ground for all new buildings, whenever possible. Therefore, storm connections to the City sewer system will only be permitted if it can be demonstrated that infiltrating storm water into the ground is not feasible. Further information regarding storm drainage can be obtained by contacting the Engineering Branch (telephone no. 392-6787).

Work within the Road Allowance

Approval for any work to be carried out within the street allowance must be received from this Department.

3.Economic Development, Culture & Tourism (Parks and Recreation), dated January 18, 1999

This will acknowledge the new plans pertaining to the above noted development application which were circulated to Forestry Services on December 2, 1998. I have reviewed the circulated plans and advise that:

(i)The tree(s) on private property which were indicated on the Arborist Report form filed with the development application are exempt from protection under City of Toronto Municipal Code Chapter 331, trees Article III.

(ii)I advise that the Site Plan A-1 prepared by Murakami and Landscape Plan prepared by ACME Environmentals Landscaped Design Ltd., dated stamped as received on December 2, 1998 by Urban Planning and Development Services is acceptable.

4.The Toronto and Region Conservation Authority, dated December 15, 1998

Authority staff has reviewed the above noted applications and we offer the following comments.

The subject property is located adjacent to a valley corridor associated with a tributary of the Don River. The Authority's "Valley and Stream Corridor Management Program" requires development to be located outside the valley corridor. Authority staff has inspected the property and we are satisfied that the location of the proposed works is consistent with the existing surrounding development and outside the valley corridor. We also advise that the site is not within the Fill Regulated Area and that there is no watercourse on the property. Therefore, a permit under Ontario Regulation 158 is not required for the Authority.

Based upon the above, we would have no objections to the approval of this proposal and the issuance of building permits by the City.

We trust this is satisfactory. However, should you have any questions please do not hesitate to contact the undersigned or Gaspare Rittacca at extension 324.

5.Heritage Toronto, dated December 11, 1998

The property located at 79 Highland Avenue is neither included on the City's Inventory of Heritage Properties nor designated under the terms of the Ontario Heritage Act.

Staff of Heritage Toronto have no comments on this application.

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