Public Meeting Held Under Section 34 of the Planning Act

with respect to Zoning By-law Amendments

to permit Air Conditioners and Heat Pumps

in the Front Yard of Properties

The East York Community Council after considering the deputation and based on the findings of fact, conclusions and recommendation contained in the following report (June 9, 1998) from the Commissioner of Development Services, East York, recommends the adoption of the following report (June 9, 1998) from the Commissioner of Development Services, East York:

The East York Community Council reports having held a statuatory public meeting on June 24, 1998, in accordance with Section 34 of the Planning Act, and appropriate notice of this meeting was given in accordance with the Planning Act and the regulations thereunder.

Purpose:

To provide the East York Community Council with a staff opinion and recommendations on a proposal to permit air conditioning units and heat pumps in the front yards of buildings in the East York Community Council area.

This report is for the East York Community Council's meeting of June 24, 1998.

Source of Funds:

Not Applicable.

Recommendations:

It is recommended that City Council pass amendments to Zoning By-laws 1916 and 6752 to permit air conditioning units and heat pumps in the front yards of buildings in the East York Community Council area.

Background:

The Zoning By-laws for the East York Community area currently prohibit accessory structures in the front yard of buildings except for certain types such as: stairs, steps, parking pads, driveways, sidewalks and retaining walls.

Discussion:

In the recent past, the East York Community area has experienced a number of Committee of Adjustment applications to permit air conditioning units in the front yards of buildings. This has typically occurred when an applicant wishes to place a unit in the front yard of a brand new building or for an alteration of an existing building which requires a construction building permit. When a property owner places an air conditioning unit in an existing structure, they do not require a building permit. As a result, the zoning by-law prohibition of front yard structures is not caught at the permit stage. In addition, air conditioner installation is a type of home improvement that is not typically investigated by drive-by inspections. As per other types of by-law enforcement, enforcement of this type of zoning by-law infractions is undertaken by staff on a complaint basis.

This has resulting in an unfair situation, in which new construction is being penalized in comparison to the retrofit of air conditioning units on existing buildings.

The rationale for the prohibition of accessory structures in the front yard of buildings is mainly for aesthetic reasons. Planning staff do not have a strong opinion on the aesthetics of air conditioning units placed in the front yard, although clearly, a rear yard location would have less public impact. However, it should be noted that the units are usually small and property owners frequently choose to screen them with shrubs.

From a functional viewpoint, the noise from air conditioning units would likely have a lower impact in the front yard, than in a side yard, where noise could impact on nearby adjacent buildings, or in the rear yard, where noise could disturb neighbouring property owners using their backyards for outdoor activities during the summer months.

Conclusions:

The existing provisions of the Zoning By-law have resulted in a situation in which the restriction of air conditioning units in the front yard of buildings is being enforced on an inconsistent basis. The visual impact of such units is small, and installations in the front yard have lower noise impacts than other locations such as side or rear yards. Therefore staff recommend that the Zoning By-laws for the East York Community be amended to permit air conditioning and heat pump units in the front yard of buildings.

Contact Name:

David Oikawa,

Director of Planning (East York)

778-2049

466-9877 (fax)

doikawa@borough.eastyork.on.ca

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Ms. Rosemary Rogers, East York, appeared before the East York Community Council in connection with the foregoing and advised that she is in agreement with the placement of air conditioners in the front yard of properties, as her neighbour's air conditioner is located in the backyard near her bedroom window and she finds it very disturbing during the night.