STAFF REPORT

December 21, 1999

To: Scarborough Community Council

From: Ted Tyndorf

Director of Community Planning, East District

Subject: RECOMMENDATION REPORT

Scarborough Wexford

Purpose:

To recommend approval of the City-initiated proposal to amend the Intensity of Use provisions of the Zoning By-law for L'Amoreaux Community to recognize the existing parcel sizes and frontages for 30 properties on Pharmacy Avenue, Fairglen Avenue and Huntingwood Drive.

Financial Implications and Impact Statement:

None.

Recommendations:

It is recommended that City Council:

(1) Amend the Intensity of Use provisions of L'Amoreaux Community Zoning By-law No. 12466, as amended, as it applies to the subject properties only, by deleting the existing Intensity of Use Standard (a maximum of one single-family dwelling is permitted per lot as shown on the Registered Plan) and replacing it with the following:

(a) For all odd-numbered properties from 97 to 111 Fairglen Avenue (inclusive) and 115 to 125 Fairglen Avenue (inclusive); all even-numbered properties from 2084 to 2104 Pharmacy Avenue (inclusive); and 2110 & 2112 Pharmacy Avenue:

A maximum of one dwelling unit is permitted per parcel of land having a minimum frontage of 19 metres on a public street and a minimum area of 1050 square metres.

(b) For 40 & 42 Huntingwood Drive and 95 Fairglen Avenue:

A maximum of one dwelling unit is permitted per parcel of land having a minimum frontage of 24 metres on a public street and a minimum area of 900 square metres.

(2) Authorize such unsubstantive technical, stylistic or format changes as may be necessary to the Zoning By-law to properly carry out the intent of this resolution.

Background:

The Intensity of Use standards of the L'Amoreaux Community Zoning By-law specify either the minimum lot size and frontage required for single family development, or that the lot be a whole lot on a registered plan. These standards were established in the original by-law and through a number of rezonings to permit the various subdivisions to proceed, including By-law No. 15667 applying to the new whole lots in the Sesame Street subdivision. The subject parcels, however, have remained as remnant parts of the original lots since the 1973 Consent approvals leading to creation of the Sesame Street subdivision in 1974 (Figure 2). They have therefore not conformed to the By-law requirement to be a whole lot on a registered plan since that time. (The three lots indicated on Figure 1 as Lots 1, 2 and 3 on the west side of Pharmacy Avenue, formerly Lots 34 and 35, Registered Plan 3699, as well as the easterly portion of Lot 41, Registered Plan 4209, were included in the Sesame Street subdivision and are correctly zoned as to size.)

This non-conformity appears to have been an inadvertent result of Committee of Adjustment Consent decisions, and has only recently come to light through an application for a Building Permit affecting 2088 Pharmacy Avenue, being Part of Lot 44, Plan 3699. The current owners proposed to demolish and replace the existing dwelling and filed for a building permit. The permit review process identified the non-conforming lot size problem, for both 2088 Pharmacy and the other 29 neighbouring properties. The building permit on 2088 Pharmacy Avenue to construct a single family dwelling could not be issued by the City because of the existing non-conforming lot size situation.

To resolve matters as quickly as possible, the owners of 2088 Pharmacy Avenue applied for a Minor Variance to address this non-conforming lot size situation. At its meeting on July 14, 1999, the Committee of Adjustment approved the minor variance for 2088 Pharmacy Avenue. A building permit to construct the new dwelling has subsequently been issued by the City and the dwelling has been constructed.

At its meeting on June 30, 1999, Scarborough Community Council authorized staff to proceed with a City-initiated zoning by-law amendment to recognize existing sizes and frontages for all 30 properties. Council recommended that a community information meeting with affected property owners be held to explain the proposed By-law amendment. A Community Information Meeting was held at Sir John A. Macdonald Collegiate Institute on Thursday, December 9, 1999. The meeting was attended by two members of the public, representatives of the two local ward councillors and City staff. No concerns were raised.

Comments:

The 27 properties along the west side of Pharmacy Avenue and the east side of Fairglen Avenue have existing parcel areas ranging from 1103 square metres to 1231 square metres and frontages ranging from 19.7 metres to 20.4 metres. The 3 properties along the north side of Huntingwood Drive have existing parcel areas ranging from 934 square metres to 972 square metres and frontages ranging from 25.1 metres to 26.1 metres.

This zoning by-law amendment proposes to delete the existing Intensity of Use Performance Standard that currently applies to these properties requiring that a single family dwelling be located on a whole lot in a registered plan. This rezoning proposes to establish two Intensity of Use Performance Standards and applying the most appropriate one to each of the 30 parcels, as set out in the table on the following page.

Staff have received preliminary enquiries from two property owners at 40 and 42 Huntingwood Drive requesting that this City-initiated zoning by-law amendment application be revised to include smaller minimum parcel sizes and frontages in order to allow for future subdivision potential. It is staff's opinion that this site-specific rezoning proposal is outside the scope of the Council direction for this zoning by-law amendment application, which is to only recognize the existing parcel areas and frontages. The purpose of this application is not to increase overall subdivision potential for these properties. Should any property owners wish to apply for smaller parcel sizes, they should do so under a separate rezoning application.

Conclusions:

This non-conformity appears to have been an inadvertent result of Committee of Adjustment Consent decisions, and has only recently come to light through an application for a Building Permit affecting 2088 Pharmacy Avenue. The likelihood of minor variance applications similar to 2088 Pharmacy Avenue for the remainder of these properties is high, which is neither fair to the property owners nor an efficient use of the Committee of Adjustment and the resources of the City.

This neighbourhood has existed in harmony with an array of lot sizes for over 25 years with no known impacts, and the character of this mature neighbourhood has been established. The subject parcels remain approximately 0.1 hectares (0.25 acres) in size which are larger than most in the area, and the existing parcel sizes and frontages should now be recognized through a City-initiated amendment to the Intensity of Use provisions applicable to the subject parcels in the L'Amoreaux Community By-law.

Contact Name:

Colin Ramdial, MCIP, RPP

Planner, Community Planning Division

Scarborough Civic Centre

Telephone: (416) 396-7029

Fax: (416) 396-4265

E-mail: cramdial@toronto.ca

Ted Tyndorf, MCIP, RPP

Director of Community Planning, East District

CR