Application for Consent - Chapter 276, Article I,

Ravines of the former City of Toronto Municipal Code -

14 Riverside Crescent (High Park)

The Toronto Community Council recommends the adoption of the following report (May 14, 1998) from the Commissioner of Urban Planning and Development Services:

Purpose:

This report is an assessment of the City's position on the ravine consent application regarding a proposed in-ground pool at 14 Riverside Crescent.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendations:

(1) That City Council consent to Application No. 098036 for the construction of an in-ground pool within the Humber Valley Ravine portion of the property at 14 Riverside Crescent on the condition that the owner enter into a Ravine Control Agreement requiring:

(a) that the owner shall provide and maintain landscaping and ravine improvements substantially in accordance with the plan titled Proposed Swimming Pool, date stamped as received on April 29, 1998, prepared by Gib-San Pools Ltd. and Jonas Adda Landscape Planning Ltd., as on file with the Commissioner of Urban Planning and Development Services; and

(b) that prior to the pool excavation the owner shall erect snow fencing and maintain it for the duration of construction at a minimum of 4 metres from the base of the 60 cm diameter oak tree and the 35 cm diameter oak and the area within the fence protection may not be disturbed by compaction or storage of soil or other materials.

(2) That the City Solicitor be authorized to prepare the necessary agreement.

(3) That the owner be advised:

(a) to contact the Forestry Services Section, Parks and Recreation Division, Community Services at 392-1900, upon the completion of all work as indicated on the approved plans;

(b) to protect all existing on-site ravine trees, particularly the 60 cm diameter oak located near the east property line and the 35 cm diameter oak located at the rear of the proposed north fence line; and

(c) to adjust the hole locations to avoid root damage when installing the pool fence posts within the minimum 4 metre protection zones surrounding the 65 cm and 35 cm diameter oak trees.

Background:

The site is located on the north side of Riverside Crescent, west of Riverside Drive. Approximately 20 metres of the northerly rear portion of the property is within the Humber Valley Ravine as designated by Chapter 276, Article I of the former City of Toronto Municipal Code (see Map 1). The majority of the site is on tableland at the base of the slope.

The owner is proposing to construct an in-ground swimming pool of which approximately 90 percent would be within the designated Humber Valley Ravine lands (Appendix A).

A ravine consent application was filed on April 14, 1998 by Khurana Associates, 148 Glendale Avenue, Toronto, Ontario, M6R 2T2 on behalf of Dyann Sheppard, 14 Riverside Crescent, Toronto, Ontario, M6S 1B6. A related site plan application was also filed on April 14, 1998 and is delegated to me for approval under Chapter 165, Article IV of the Municipal Code.

I have undertaken the required consultations with all relevant City departments. I am in agreement with the comments contained in the reports reproduced in Appendix B.

Comments:

No alterations are proposed at the adjacent toe of the slope and sediment fencing will be erected between the toe and the proposed works. The proposed in-ground swimming pool is located within a flat portion of the rear yard and the proposed construction would not have any negative effects on the natural characteristics or slope of the ravine.

Conclusions:

I believe that the current proposal to construct an in-ground swimming pool is both reasonable and within the intent of Chapter 276, Ravines, of the Municipal Code. Therefore, I recommend that Council give consent to the proposed development, subject to the owner entering into a Ravine Control Agreement.

Contact Name:

Lori Martin

Telephone: (416) 392-7196

Fax: (416) 392-7536

E-Mail: lmartin@city.toronto.on.ca

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APPENDIX A

Application Data Sheet

Confirmed Municipal Address: 14 Riverside Cr.

PLANNING CONTROLS (For verification refer to Chief Building Official)

PROJECT INFORMATION

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APPENDIX B

Reports of Civic Officials

1. Urban Planning and Development Services (April 24, 1998)

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

1. The proposal does not require conveyance of land for parks purposes, or payment in lieu thereof pursuant to Section 42 of the Planning Act.

2. The proposal does not require City Council's approval pursuant to the provisions of the Rental Housing Protection Act, 1989.

3. The proposal does not require the approval of Heritage Toronto under the Ontario Heritage Act.

4. The issuance of any permit by the Chief Building Official will be conditional upon the proposal's full compliance with all relevant provisions of the Ontario Building Code.

2. Works and Emergency Services (April 28, 1998)

Comments:

The proposal has been reviewed and there are no Departmental requirements of the owner.

Location

North side of Riverside Crescent, west of Riverside Drive.

Proposal

Construction of an in-ground swimming pool.

Ravine Control Area

The northerly 19.5 metres, more or less, of the site, including approximately 90 per cent of the swimming pool, is subject to Municipal Code, Chapter 276, Ravines, Article I (Humber Valley Ravine).

3. Economic Development and Culture and Tourism, Toronto Parks and Recreation (May 8, 1998)

This will acknowledge your Ravine Control By-law Circulation Form of April 30, 1998, which contained a new application for the construction of a swimming pool at the above noted address within the designated Humber River Ravine.

I advise that the plans for construction of a swimming pool are acceptable to my division, as shown in the plan titled Proposed Swimming Pool for Mr. and Mrs. P. Sheppard, prepared by Gib-San Pools Ltd. and Jonas Adda Landscape Planning Ltd., dated and received by Urban Planning and Development Services April l2, 1998.

I request that the following recommendations be included in your report.

That the City Solicitor be authorized to prepare a Ravine Control Agreement between the City and the owners to give effect to the following:

(1) That the owners shall protect all existing on-site ravine trees, including the 60 cm diameter oak located near the east lot line, and the 35 cm diameter oak located to the rear of the proposed north fence-line. A snow fence must be erected 4 metres between the area of excavation and these trees. This fence must be in place prior to pool excavation, and remain for the duration of construction. The area within this fence may not be disturbed by compaction or storage of soil or other materials. Further, the pool fence posts to be installed within this protection zone must be installed by adjusting hole locations to avoid root damage.

(2) That the owners shall provide and maintain landscaping and ravine improvements substantially in accordance with the plan titled Proposed Swimming Pool for Mr. and Mrs. P. Sheppard, prepared by Gib-San Pools Ltd. And Jonas Adda Landscape Planning Ltd., dated April 29, 1998 and received by Urban Planning and Development Services April 29, 1998.

4. Toronto and Region Conservation Authority (April 27, 1998)

We acknowledge receipt of the above noted applications and offer the following comments.

On both properties the applicants are proposing to construct swimming pools in the rear yards. Both pool locations are within flat portions of the yard. No alterations are proposed at the adjacent toe of slope and sediment fencing will be erected between the toe and the proposed works. Permits are not required from this Authority under Ontario Regulation 158.

In light of this we have no objections to approval of the Site Plan Applications for 12 and 14 Riverside Crescent.