February 18, 2000

To: Etobicoke Community Council

From: Director, Community Planning, West District

Subject: Amendments to the Etobicoke Zoning Code

Laura Christine Slater

655 Evans Avenue

File No.: Z-2301

Lakeshore-Queensway

Purpose:

To consider amendments to the Zoning Code to permit the development of a single family lot at 655 Evans Avenue.

Financial Implications and Impact Statement:

City funding is not required. There are no impacts on capital or operating budgets.

Recommendations:

It is recommended that the application be approved, subject to a public meeting to obtain the views of interested parties and the conditions outlined in this report.

Background:

The subject site (655 Evans Avenue) and abutting properties to the west (657 Evans Avenue and 1 Oban Street), which are also owned by the applicant, have a lengthy history with a number of attempts to develop the property over the past few years with a number of alternate uses. The final result pursuant to an application approved in 1995, modified by the Committee of Adjustment in 1998, and now set out under By-law 1995-57 was to allow a pair of semi-detached fronting on 1 Oban Street, and a triplex on the abutting lot (657 Evans Avenue). (Attachment 1). All of these structures are now built and occupied.

Pursuant to an Ontario Municipal Board decision for the abutting triplex use, both 655 and 657 were to be considered as one lot for zoning by-law purposes requiring that additional parking generated by 657 Evans Avenue be provided on the 655 Evans Avenue property. This arrangement was implemented in an agreement registered on title between Laura Slater and the City of Toronto. The agreement was intended to remain in place until such time as the zoning by-law was amended for either of the lots to resolve permitted uses and parking. See attached agreement Attachment No. 3.

Site Description and Surrounding Uses:

This vacant site is located on the south side of Evans Avenue east of Oban Street (Attachment No. 1). The area on the north side of Evans Avenue is comprised of a mixture of industrial, commercial, office and motel uses.

The block south of Evans Avenue bounded by Evans Avenue, Oban Street, Bisset Avenue and Gair Avenue, is predominately developed with single family homes in accordance with prevailing R2 zoning, with the exception of a pair of semi's and a triplex which abut the subject site.

Proposal:

The applicant proposes to construct a 2 storey single family dwelling with shared access from Evans Avenue (Attachment No. 2) Two car parking spaces are proposed in an attached garage. Parking space that is currently located on the subject vacant lot, which is for the benefit of the abutting triplex use, is proposed to be relocated immediately north of the existing parking area and will continue to be for the use of the triplex. This would permit the two lots to function with minimum interdepence. The new space would however encroach onto the untravelled portion of the Evans Avenue road allowance and would require that the applicant enter into an encroachment agreement with the City.

Attachment No. 1 is a key map of the area. Attachment No. 2 is a reduction of the proposed site plan. A summary of information as provided by the applicant is listed in Table No. 1.

Table No. 1

Official Plan and Zoning:

The site is designated as Low Density Residential in the Official Plan which would permit the intended single family use. The R3 zoning as per By-law 1995-57 identified the subject property as Lot 3, which permits no structures and permits its use for driveway access and visitor parking for the abutting triplex use located on Lot 2. With the exception of a minimum lot frontage and lot area requirements (15.36 and 329m² respectively), no further zoning provisions are applicable.

In order to accommodate the proposed new single family dwelling, an amendment to the site specific provisions of By-law 1995-57 would be necessary to:

(a) Amend By-law 1995-57 to remove the "no structure" restriction as it relates to Lot 3.

(b) Amend By-law 1995-57 to include appropriate regulatory provisions applicable to the proposed single residential detached dwelling on Lot 3 including provisions for 2 parking spaces; and requiring 3 spaces to be provided for the triplex on lot 2.

(c) Repeal the existing agreement providing for shared parking with the triplex at 657 Evans Avenue once new zoning regulations are in place.

Agency Comments/Department Circulation:

In response to the circulation of plans submitted, no objections have been expressed by Toronto Hydro, Parks and Recreation Services, Canada Post, and the Building Division.

The Transportation Planning Division of Works and Emergency Services have advised that the driveway and exterior parking stall manoeuvring areas must be designated for mutual access purposes, and an agreement registered on title with appropriate maintenance agreements that are acceptable to the City Solicitor. Transportation staff have indicated that the revised parking layout is acceptable in principal, subject to the signing of an encroachment agreement to accommodate 1 vehicle parking space for 657 Evans Avenue on the untravelled portion of the Evans Avenue right-of-way. In this regard they have concluded that reference plans for the area indicate that property dedications for future right-of-way improvement purposes are not required.

The Technical Services Division of the Works and Emergency Services Department have advised that there are servicing issues that need to be resolved, given the sites elevation is substantially below the Evans Avenue elevation. The approval of a storm water management system/servicing grading/plan must therefore be resolved the satisfaction of the Works Department, prior to the enactment of an amending by-law.

The Forestry Section of Parks Division have noted that the abutting road allowance and slope up to Evans Avenue is a very harsh environment, with fill soil, south exposure and south winds from Evans Avenue and the Queen Elizabeth Highway. To render this development acceptable, they have recommended that the developer execute an encroachment agreement that includes shrub planting to provide protection from the street, shade cover to the slope, and privacy to the adjacent homes.

Land Use and Site Plan Considerations

Development of this vacant urban lot would serve to provide for a physical transition and buffer between existing single family neighbourhood, and the mix of commercial (service station, motel, offices) and industrial uses on the north side of Evans Avenue, an arterial road.

The development standards proposed, are virtually identical to that approved on the abutting lot to the West (Lot #2, By-law 1995-57).

Notwithstanding the deficiencies with respect to lot area and set-backs, the front and rear yard areas would still be usable for recreational amenity, and provide for adequate parking and access for each lot. In this regard, with the proposed relocation of parking for the abutting triplex to the adjacent road allowance, parking and access can be accommodated independently for each lot. This has also provided an opportunity to shift the proposed dwelling forward, and increase the rear yard set-back from 4.5 metre to 6.0 metre, resulting in an improved separation between the proposed dwelling and the existing residential neighbourhood to the South.

Given the site's location abutting a major arterial road, industrial uses,and proximity of QEW highway, approval of this use should be conditional upon the applicant undertaking landscape screening and streetscape improvements, to mitigate the harsh environmental conditions. The applicant would be required to enter into an encroachment agreement with the City which would be registered on title prior to the approval of a building permit. A similar agreement would be necessary to accommodate the additional car space on the untravelled portion of the road allowance.

Implementing By-law:

It would be appropriate for the implementing zoning to secure the details of the current proposal including use, landscaped set-backs and general footprint of the building.

Conclusions:

It is the opinion of staff that, subject to resolution of technical/servicing concerns outlined in this report, development of this vacant urban lot for a single family dwelling is an appropriate land use. The development can be integrated within the adjacent community, and an improved buffer can be secured through the introduction additional landscape treatment along the Evans Avenue R.O.W. The proposed parking arrangement is similar to that which currently exists, as it will permit the two lots to function independently from a traffic operations perspective. In the event of approval, the following conditions should apply:

1. Prior to the enactment of an amending by-law

(i) Submission of a revised site plan/landscape plan showing; proposed parking on Evans Avenue allowance, lot grading and drainage, and landscape treatment of the Evans Avenue road allowance, all in sufficient detail for the purposes of securing of an encroachment agreement to the satisfaction of Urban Development Services.

(ii) Resolution of servicing issues to the satisfaction of the Works Department. The applicant will be required to demonstrate through provision of stormwater management and servicing details, that this site can be adequately serviced.

3. The amending by-law shall confirm the existing Third Density Residential (R3) site-specific zoning (1995-57) subject to the following:

(i) Use restricted to a single family dwelling

(ii) Set-backs, height, G.F.A. and parking shall be in accordance with the approved site plan.

3. Prior to the issuance of a building permit:

(i) Registration of necessary encroachment agreements with respect to parking and landscaping on the adjacent road allowance, to the satisfaction of City Solicitor.

Contact:

Michael McCart, Senior Planner

Community Planning, West District

Tel: 394-8228

Fax: 394-6063

Email: mmcart@toronto.ca

___________________________

Gary Wright

Director, Community Planning

West District

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List of Attachments:

Attachment No. 1 - Key Map

Attachment No. 2 - Site Plan

Attachment No. 3 - Agreement between the City of Toronto and Laura Christine Slater