2 Florence Crescent

Zoning By-law Amendment Application

Ravi and Kamla Singh

Ward 27, York Humber

The York Community Council, based on the findings of fact, conclusions and recommendations contained in the report dated January 27, 1999 from the Director, Community Planning, West District, and for the reasons that the proposal is an appropriate use of lands, recommends that the Zoning By-law Amendment Application submitted by Raviand Kamla Singh be approved, subject to the conditions outlined in the referenced report.

The York Community Council reports, for the information of Council, having held a statutory public meeting on February 17, 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 (January 27, 1999) from the Director, Community Planning, West District:

Purpose:

To consider a Zoning By-law Amendment to permit the continued use of an existing 48m² garage as a retail store. The garage is attached to a detached dwelling house.

Funding Sources, Financial 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;

(2)Zoning By-law No. 1-83 of the former City of York be amended in accordance with the draft Zoning By-law Amendment, worded to the satisfaction of the Legal Division, attached as Schedule 1 to this report;

(3)the introduction of the Bill to pass the Zoning By-law be conditional upon the following:

(a)the owner executing a Development Agreement with the City to secure fencing and parking layout improvements; and

(b)Toronto Hydro advising that any necessary arrangements have been made to satisfy their requirements; 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 0.03 ha. (0.08 acre) subject property is located on the north-west corner of Florence Avenue and Jane Street (see Appendix 1). It has a frontage of 8.0 metres (26 ft.) on Florence Crescent and a flankage depth of 33.5 metres (110 ft.) on Jane Street. The site is occupied by a modest one and one-half storey detached house with a one-storey, 48 m² (517 ft²) attached rear yard garage which has been converted into a retail store without a building permit.

The existing uses surrounding the site are as follows:

North:an access driveway leading to an industrial use on the former Belt Line rail lands, and beyond the driveway, a single detached house;

South: across Florence Crescent, a two-storey mixed use commercial/residential building (first floor restaurant, second floor apartment)

East:across Jane Street, a two-storey mixed use commercial/residential building (two retail stores on the first floor, second floor apartment)

West: a single detached house

Proposal:

The applicant proposes to rezone the subject property in order to recognize and retain an existing 48 m² retail store located in the converted attached rear garage. The site plan and building elevation drawings are attached to this report as Appendices 2 and 3, respectively. The rear yard has been asphalt paved to provide three parking spaces accessible directly from Jane Street. A one and one-half metre high wrought iron fence, including a lockable gate to control vehicular access to the parking area, is located along the Jane Street flankage property line.

Official Plan:

The Official Plan designates the site Low Density Residential which permits primarily single detached, semi-detached and duplex houses. However, this designation also permits "restricted minor commercial uses, providing a convenience to the local resident population and limited accordingly in size and orientation."

Zoning By-law:

The subject property is zoned R2 - Residential which permits single detached, semi-detached and duplex homes. The R2 zone does not permit retail stores.

Comments:

Agency Comments:

The Municipal Standards Division of the Urban Planning & Development Services Department has commented that they have an active file on the subject property pertaining to the existing illegal retail store use.

The Fire Department and the Works and Emergency Services Department have no objections to the proposed rezoning. Toronto Hydro also offers no objections, but advises the applicant to contact their office regarding the proposed change in use and possible service upgrade.

The Building Division has commented that, in accordance with Zoning By-law No. 1-83, one parking space is required on the subject property for the existing house. In addition, one parking space for every 47m² of gross floor area is required for the retail store. Therefore, a total of 2 parking spaces are required to be provided on the subject property to accommodate the existing house and retail store.

Neighbourhood Comments:

A letter regarding the proposed rezoning, attached as Appendix 4, has been received from Mr.M.Adamowich, owner of 740 Jane Street, an irregular-shaped property currently used for both a detached house and a legal non-conforming industrial use. The driveway of Mr. Adamowich's property abuts the rear lot line of 2 Florence Crescent. Mr. Adamowich opposes the application because the grocery business draws vehicular traffic to the property and the area cannot support additional traffic congestion. Mr. Adamowich also claims that customers and delivery trucks accessing the retail store park in his abutting driveway.

Evaluation:

The proposed Zoning By-law Amendment conforms with the policies of the Official Plan which permit limited commercial uses within Low Density Residential areas. The small size of the proposed retail store and the property's location on Jane Street, 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 existing small commercial uses scattered along Jane Street south of Black Creek. Therefore, the proposed retail store will not conflict with the existing character of Jane Street. Furthermore, since access to the parking spaces for the retail store is from Jane Street, commercial traffic will not adversely impact Florence Avenue and the residential community.

In order to mitigate the impact of the retail store on the surrounding properties, a number of improvements to the subject property are necessary. To limit the visual impact on the abutting residential property to the west, a 1.8 metre wood screen fence will be required along the west lot line, from the front wall of the store to the rear property line. To address the concerns raised by Mr. Adamowich, a fence will be required along the north property line, abutting Mr. Adamowich's access driveway. The fence will clearly delineate the property line between the two sites and discourage illegal parking on Mr. Adamowich's lot.

With respect to parking, the 3 parking spaces proposed in the rear yard are adequate to meet the parking requirements of Zoning By-law No. 1-83. However, the parking spaces as proposed by the applicant are inappropriately positioned. Due to their angle and location along the west property line, they fail to provide adequate space for on-site turning movements, thereby requiring customers to reverse onto Jane Street. To improve access, the spaces must be located adjacent to the front wall of the proposed store and parallel to the west property line, thereby providing a 6.2 metre (20.3 ft) driveway behind the spaces in which vehicles may turn. A revised site plan identifying the appropriate parking configuration is attached as Appendix 5.

These improvements would normally be secured by agreement under a Site Plan Approval process. However, since the conversion of the garage has already occurred, there is no opportunity to apply Site Plan Approval. As an alternative means of securing the fencing and parking configuration improvements, staff recommend that the owner be required to execute a development agreement, which can include a provision for posting a financial security, prior to the introduction of the recommended Zoning By-law to City Council for enactment.

Conclusion:

The proposed Zoning By-law Amendment to allow the continuance of an existing 48 m² retail store on 2 Florence Crescent 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 JaneStreet, which is a mix of houses and minor, local retail uses. Staff, therefore, recommend approval of the application.

Staff also recommend approval of the draft Zoning By-law Amendment, attached as Schedule 1 to this report, which restricts the use of the former garage on the subject property to a retail store or office with a maximum gross floor area of 50m². It requires that 3 parking spaces be provided in the rear yard of the subject property. Further, it does not permit other commercial uses, such as restaurants, public garages or recreational facilities, which may have a greater impact on the surrounding community in terms of noise or hours of operation.

Adequate fencing and a revised parking configuration, to mitigate impacts on surrounding properties, will be secured through a development agreement which the owner will be required to execute prior to passage of the By-law by City Council.

Contact Name:

Henry Byres, Senior PlannerTel: (416) 394-2618

York Civic Service CentreFax: (416) 394-2782

SCHEDULE 1 - DRAFT ZONING BY-LAW

CITY OF TORONTO

BY-LAW NO.

To amend former City of York By-law No. 1-83

Re: 2 Florence Crescent

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 one 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 (383) as follows:

(383)2 FLORENCE CRESCENT

Notwithstanding the provisions of Subsection 2 of Section 8 of this By-law, the lands municipally known as 2 Florence Crescent, which lands are more particularly described in Schedule "A" hereto, may be used for either a retail store or an office use provided the following conditions are complied with:

(a)the maximum gross floor area of the retail store or office shall not exceed 48 m²;

(b)the retail store or office shall be located on the ground floor of the northerly-most end of the building existing at the time of enactment of the By-law to introduce this Subsection;

(c)a minimum of 3 parking spaces shall be provided and maintained in the rear yard of the subject lands; and

(d)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 this day of A.D. 1999.

SCHEDULE "A"

to City of Toronto By-law No.

and to Subsection (383) of Section 16 of Zoning By-law No. 1-83.

All and singular that certain parcel or tract of land and premises situate, lying and being in the City of Toronto, and being composed of all of Lot 1 according to a Plan registered in the Registry Office for the Registry Division of Toronto (No. 64) as No. 1665.

APPENDIX 1 - LOCATION MAP

APPENDIX 2 - SITE PLAN

APPENDIX 3 - BUILDING ELEVATIONS

APPENDIX 5 - RECOMMENDED PARKING CONFIGURATION

The York Community Council submits as APPENDIX 4, the following communication (November 23, 1998) from Mr. M. Adamowich to Planning staff:

Further to our conversation on Thursday, November 5, 1998, I am forwarding this letter outlining our concerns regarding the subject property and its uses.

We oppose the application for a grocery store and the change of the zoning for the following reasons:

(a)The grocery business draws vehicular traffic which the property and the location of the property just south of the Woolner Avenue traffic lights, cannot support additional congestion.

(b)The problem is also with surplus vehicles parking in our driveway and delivery trucks off loading from our drive.

We now have a complaint from our tenant about cars parking in our driveway and turning around on our property using the area behind the house to turn around.

Any cars parking in the driveway invite others to do the same, this is particularly noticeable and a problem in the spring and summer months when people are planting in the community garden plots in the Hydro corridor.

We do not believe that a grocery store is a suitable business for this location.

The York Community Council reports, for the information of Council, having had before it the following communications during consideration of the foregoing matter:

(i)(February 3, 1999) from Ms. Judy Rowe, advising that the tenants at 740A Jane Street are strongly opposed to the proposal; that the owner/landlord of both rental properties at 740 and 740A Jane Street and a forklift business adjacent to the retail store, is also opposed to the proposal; and stating that the reasons are parking problems, the use of private driveways to access the store, garbage blowing on to adjacent properties, and health and odour concerns related to the fruits and vegetables; and

(ii)(February 2, 1999) from Ms. Charlotte Bruce, indicating objection to the proposal and concerns with respect to the present illegal operation, garbage and parking problems.

The following persons appeared before the Community Council in connection with the foregoing matter:

-Mr. Morris Adamovich, expressed objection to the proposal due to problems related to customers to the store and gardeners using the plots in the Hydro corridor parking in his driveway; enquiried as to whether there will be regular or special garbage pickup and concerned regarding debris from the store blowing around the neighbourhood..

-Mr. Greg Adamowich, stated objection to the proposal; that reference was made to the erection of a chain link fence on the north side which would not resolve the problem with customers parking in their driveway; also concerned with garbage and debris; their tenant is also experiencing problems with the parking situation; and is concerned that the first recommendation in the staff report is to approve the application of an illegal business which was allowed to operate.

-Mr. Ravi Singh, Owner/Applicant, advised that he was unaware that an application had to be submitted, has complied with all the requirements; that the disposal of garbage will be looked after; that the issue of debris blowing around is out of his control; is prepared to install a fence; and that there is a need for his specialty store in that area.