288 Boon Avenue - Zoning By-law Amendment Application

Owners: Guerino & Letterina Vescio

Applicant: Guerino Vescio

Ward 28, York Eglinton

The York Community Council, based on the findings of fact, conclusions and recommendations contained in the report dated March 5, 1999 from the Director, Community Planning, West District, and for the reason that the proposal is an appropriate use of lands, recommends that the Zoning Amendment Application submitted by Mr. Guerino Vescio be approved, subject to the conditions outlined in the referenced report.

The York Community Council also reports, for the information of Council, having held a statutory public meeting on March 30, 1999, in accordance with Section 34 of The Planning Act and that appropriate notice of this meeting was given in accordance with The Planning Act and the regulations thereunder.

The York Community Council submits the following report (March 5, 1999) from the Director, Community Planning, West District:

Purpose:

To consider a Zoning By-Law Amendment to permit the continued use of an existing hair salon within a dwelling house.

Funding, Sources, Final 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, subject to fulfillment of the conditions set out in recommendation three below;

(2)Zoning By-Law No. 1-83 of the former City of York 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;

(3)the introduction of the bill to pass the proposed Zoning By-Law be conditional upon the following:

(a)the Works and Emergency Department advising that the owner has made application and received conditional approval for boulevard parking and any necessary curb ramp installation;

(b)appropriate City staff advising that the owner has made application and received encroachment approval, including entering into any required encroachment agreement for the existing business sign on the Rogers Road boulevard, or that the sign has been removed;

(c)the Fire Prevention Division advising that the cellar dwelling unit complies with Fire Code requirements or that the owner has taken the necessary action to bring the premises into compliance;

(d)the removal of any business signage and advertising on the premises facing BoonAvenue or along the Boon Avenue frontage; and,

(4)the appropriate City officials be authorized and directed to take the appropriate action to give effect thereto.

Background:

Site and Surrounding Area:

The subject property is located on the north-west corner of Boon Avenue and Rogers Road (Appendix 1). It has a frontage of 10.97 meters (36 ft.) on Boon Avenue and a flankage depth of 20.8m (68.2 ft.) on Rogers Road. The site is occupied by a two storey detached house with a wood garden shed at the rear of the house. The detached house was previously converted without a building permit, to a mixed commercial and residential building to accommodate the self contained hair salon on the first floor, a one bedroom dwelling unit in the basement; and a two bedroom dwelling unit occupying the rear half of the first floor and all of the upper floor.

This application arises from a by-law enforcement complaint in regard to the use of a residential premises in a R2 district for a commercial use, in contravention of the Zoning By-Law.

The easterly third of the side yard and all of the front yard are landscaped. The remaining side yard and the rear yard along with the boulevard abutting these areas is paved with asphalt up to the sidewalk along Rogers Road.

Business signs associated with the commercial use exists on the building and in the boulevard and adjacent landscaped area on both Rogers Road and Boon Avenue.

The existing uses surrounding the site are as follows:

North:a single detached house

South:across Rogers Road, a semi-detached single family dwelling, TTC bus shelter

East:across Boon Street, a detached single family dwelling

West:two, two storey mixed use commercial/residential building with retail at grade and residential uses on the upper floor

Proposal:

The applicant proposes to rezone the subject property in order to legalize the existing 31.5m² (340sq. ft.) hair salon use located on the main floor of the two storey building.

The site plan, floor plans and building elevation drawings are attached to this report as Appendices 2, 3 and 4, respectively. The applicant intends to retain the existing asphalt paved area along the Rogers Road flankage for parking and to retain the existing landscaped area along the Boon Avenue frontage.

Official Plan:

The Official Plan designates the site as Low Density Residential which permits primarily single detached, semi-detached and duplex houses and apartment-in-house uses. However, this designation also permits "restricted minor commercial uses, providing a convenience to the local resident population and limited accordingly in size and orientation." The Official Plan also permits home occupations in all residential areas provided they are secondary to the residential use and are of a compatible nature so as not to detract from the residential amenity of the area..

Zoning By-Law:

The subject property is zoned R2 - Residential which permits single detached, semi-detached and duplex houses and apartment-in-house uses. The R2 zone permits retail stores which is defined to include establishments providing personal services such as hair cutting and styling . The By-law also permits home occupations in residential districts subject to zoning regulation and limitations.

Comments:

Agency Comments:

The Municipal Standards Division of the Urban Planning & Development Services Department has commented that in addition to a barber shop use on the main floor there currently are two separate dwelling units in the premises, one of which is located in the cellar. It has advised that in relation to the barber shop use, charges have been laid and the case has been remanded pending a decision on this rezoning application

The Works and Emergency Services Department and the Health Department have no objections to the proposed rezoning. Toronto Hydro also offers no objection.

The Building Division has commented that three parking spaces are required to comply with Zoning By-Law standards for the use on site. Division staff also have identified that the proposed bedroom size of the apartment-in-house dwelling unit in the basement does not appear to comply with the Building Code requirement. This unit was previously constructed with out a building permit.

Neighbourhood Comments:

No community information meeting has been held in relation to this application. No neighbourhood comments have been received.

Evaluation:

Consideration was given to evaluating the existing use as a home occupation under the existing home occupations provision of the Zoning By-law. However, the nature of the existing commercial use is such that it is not clearly secondary to the residential use of the dwelling unit and it is operated by the owner of the building who does not reside on the premises. The residential building has been altered to create a self-contained commercial use which is has its own external entrance and is not internally connected to the dwelling house, and the existing signage does not comply with the signage regulations for home occupations. For these reasons, the existing use is not considered a home occupation.

The proposed Zoning By-Law Amendment application conforms with the policies of the OfficialPlan which permit limited commercial uses within Low Density Residential areas. The small size of the proposed retail store and the property's location on Rogers Road, 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 other small scale commercial and mixed commercial and residential uses along Rogers Road in blocks which are in close proximity to the application site.. Therefore, the proposed retail store is consistent with the existing character of Rogers Road. However, Boon Avenue is a well maintained residential street with no evidence of other non-residential uses.

Since access to the parking spaces for the site is from Rogers Road, commercial traffic will not adversely impact Boon Avenue and the residential community. However, modifications and approvals are required to improve access to the existing parking area along side yard of the building and to allow the use of the boulevard for parking purposes.

The Zoning By-Law requires a minimum of three parking spaces; one for each of the two residential units, and one parking space for the commercial use. Presently a rear yard parking space is provided on-site with curb ramp access from Rogers Road.

The paved parking area in the side yard and on the adjoining boulevard can accommodate two parking spaces to comply with Zoning By-Law parking standards subject to the approval of the necessary boulevard parking permit application, payment of an annual fee and the provisions of a proper curb ramp at the expense of the owner. A revised site plan, identifying parking configurations options (Appendix 5) that are acceptable to the Works and Emergency Department.

These improvements would normal be secured under Site Plan Approval process. However, since the commercial use currently exists there is no opportunity to apply Site Plan Approval. As an alternative means of securing the access improvements and legitimate use of the boulevard for parking purposes, it is recommended that the owners be required to make application and receive conditional approval for boulevard parking and any necessary curb ramp installation, and that Works and Emergency Department staff advise that the owner has complied with this condition.

In terms of the existing business sign within the Rogers Road boulevard, staff recommend that the owner make application for and receive encroachment approval, including entering into the necessary encroachment agreement, or alternatively, remove the sign. Furthermore, it is recommended that the appropriate City staff advise that the owner has complied with this condition. As well, all business and advertising signage on the building and on the lot that is oriented to Boon Avenue should be removed to make the property more compatible with the existing residential neighbourhood.

Finally, in terms of the existing cellar apartment-in-house , staff are concerned that, at minimum, the unit comply with Fire Code Regulations. It is recommended that the owner arrange for inspection of the dwelling unit by City Fire Prevention Officers and that the staff be advised that either the dwelling comply with Fire Code requirements or that the owner has taken action to bring the premises into compliance.

Fulfillment of the preceding conditions are recommended as a condition of approval prior to the introduction of the recommended Zoning By-Law to the City Council for enactment.

Conclusion:

The proposed Zoning By-Law Amendment to allow the continuance of the existing 31.5m² hair salon at 288 Boon Avenue 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 Rogers Road, which is a mix of houses and minor, local retail uses. Staff, therefore, recommend conditional approval of the application.

Staff also recommend approval of the draft Zoning By-Law, attached as Schedule 1 to this report, which restricts the use the front portion of the main floor of the existing house to a retail store with a maximum floor area of 35m². It requires that 3 parking spaces be provided for the subject property. Further it does not permit other commercial uses, such as restaurants or recreational facilities, which may have a greater impact on the surrounding community in terms of noise or hours of operation.

Fulfillment of the conditions to ensure the provisions of necessary boulevard parking and proper parking access; the encroachment approval or removal of the business and advertising signage on the Rogers Road boulevard and on the Boon Avenue frontage; and, compliance of the existing cellar dwelling unit with Fire Code requirements are recommended prior as a condition of approval and prior to the introduction of the recommended Zoning By-Law to City Council for enactment.

Contact Name:

Lorenzo Nicolet, Assistant Planner

Tel: (416) 394-2607, Fax: (416) 394-2782

________

-Mr. Guerino Vescio, applicant and owner of the subject property, appeared before the Community Council in support of his application.

SCHEDULE 1 - DRAFT ZONING BY-LAW

CITY OF TORONTO BY-LAW NO.

To amend former City of York

By-Law No. 1-83

(Re: 288 Boon 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 on 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 (385) as follows:

"(385) 288 BOON AVENUE

Notwithstanding the provisions of Subsection 2 of Section 8 of this By-Law, the lands known as 288 Boon Avenue, which land are more particularly shown on Schedule "A" hereto, may be used for a mixed use commercial and residential building provided the follow conditions are complied with:

(a)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 retail store including a hair salon;

(b)the maximum gross floor area of the retail store shall not exceed 35m² ;

(c)the retail store shall be located on the ground floor in the easterly part of the building this Subsection;

(d)Parking spaces shall be provided and maintained in accordance with Subsection 3.2 of this By-Law. The parking spaces shall be provided and maintained in the rear yard and side yard and on Rogers Road boulevard, as required; and

(e)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 date of its passing.

ENACTED and PASSED thisday ofA.D. 1999.

APPENDIX 1 - Location Map for 288 Boon Avenue

APPENDIX 2 - Site Plan

APPENDIX 3 - Building Floor Plans

APPENDIX 4 - Building Elevations

APPENDIX 5 - Boulevard Parking Configuration Options

SCHEDULE "A"

To City of Toronto By-law No.

and to Subsection (385) of Section 16 of Zoning By-law No. 1-83