Direction Report - 31 St. Clements Avenue -

Ontario Municipal Board Hearing (North Toronto)

The Toronto Community Council recommends the adoption of the following report (April14,1999) from the Commissioner of Urban Planning and Development Services:

Purpose:

To seek direction from City Council re Council's position in response to the appeal of Rezoning Application 198020 to use an adjacent house as administrative offices for St. Clements School

Source of Funds:

Not Applicable

Recommendation:

That City Council instruct the City Solicitor and the Commissioner of Urban Planning and Development Services to attend the Ontario Municipal Board hearing on June 16, 1999 to settle the rezoning appeal respecting 31 St. Clements Avenue based substantially upon the following terms:

A)that the rezoning by-law contain conditions which:

(i)permits only, in addition to existing R1S district uses, an administrative office for a 'private academic, religious or philanthropic school'; and

(ii)limits the gross floor area of such administrative office to 120 M2; and

(iii)restricts development of 31 St. Clements Avenue to the currently existing building.

Summary

On June 16, 1999 an Ontario Municipal Board Hearing will commence to hear an appeal by St. Clements School against a Committee of Adjustment decision refusing an application for minor variances to permit use of an adjacent house at 31 St Clements Avenue as administrative offices. Subsequent to that Committee's decision, Rezoning Application No. 198020 was made for the same purpose. The applicant has successfully added an appeal of Council's failure to make a decision within 90 days on the rezoning application to the June 16 OMB hearing.

City Council may wish to take a position on the rezoning application with a view to settling the appeal. This report advises that the planning staff supports a conditional approval of the rezoning application, and would, if directed, attend the OMB hearing to provide evidence accordingly.

Background:

The proposal to use the house at 31 St. Clements for office purposes by the adjacent St Clement's School was the subject of an application to the Committee of Adjustment heard December 1, 1998. The Committee did not approve the application on the basis that it was not considered a minor variance, and that decision has been appealed to the Ontario Municipal Board (File V99-7). The date for hearing is June 16, 1999. The same matter was subsequently subject of a rezoning application submitted December 24, 1998 and as described in my preliminary report dated March 12, 1999 recommending the application be circulated and a public meeting in the community held. The Toronto Community Council adopted that recommendation.

The school's development program has been the subject of several planning applications over the years, most recently during the period 1989-1992 in respect of major additions to the school building at 21 St. Clement's. Neighbourhood opposition led to an appeal, but the OMB decision supported the City's approval of the applications.

Comments:

General

The site is a 7.6 x 40.8 metre lot having an area of 310.7 M2, developed with a two-storey detached house. Both house and lot are typical of the surrounding residential district. It is zoned R1S Z 0.6 and subject to a 9.0 m height restriction.

The zoning policy context is that a very limited number of community service buildings is permitted, or is conditionally permitted, within R1S districts, and here these are churches, public schools and day nurseries. Other residential zone districts are more permissive in this respect, and "private academic, religious and philanthropic schools" are permitted uses, and are common, within R2, R3 and R4 districts. The adjacent school site is now an R4A district.

The Official Plan, and the Yonge - Eglinton Part II Plan, designates the site and surrounding area west of the Yonge Street commercial strip as a 'Low Density Residence Area', where the Plan anticipates a wide range of community service land uses will occur together with residential uses. The Plan policy does not distinguish between public and private schools in this respect. There would not appear to be any Official Plan issues raised by the application.

While the house at 31 St. Clements has been owned by the school for many years, the prior applications and appeals did not address the future of this property. It has recently been renovated for office purposes, but office use is not a permitted use within this R1S district. Variance or amendment to the Zoning By-law is thus required to approve an office occupancy in the circumstances. Built form issues do not arise as there would be no external change to the existing house.

The Appeal

The planning staff took no position on the initial application before the Committee of Adjustment. Following the decision of that Committee, the applicant has made a rezoning application to the City. In my opinion, the applicant's request is more appropriately considered a Zoning By-law amendment than a minor variance.

The rezoning application, and subsequent appeal, expresses the same development objective. The proposed conversion of a house in these circumstances raises a somewhat difficult choice between a needed facility for an important local institution, and any potential compromise to general planning goals for stability, homogeneity of land use and preservation of housing within low density residential areas. These issues are to some degree inherent to the structure of residential planning policy within the former City of Toronto, which permits public and private schools to locate in most residential areas. However, as residential districts are virtually fully developed, a school expansion can normally occur only at the expense of some existing housing.

I do not see that the conversion of the house for office purposes represents any real increase in, or change to, the impacts of the school beyond that discussed and approved in the earlier expansion program and the conditions as they now exist. A by-law amendment as sought by the rezoning application should be made conditional upon securing the house to remain, which would preserve this portion of the residential streetscape. Conditions should also limit non-residential floor area to that of the existing house so as to restrict future additions or building replacements at 31 St. Clements. Staff of this Department would be prepared to advocate this position as a reasonable response to the rezoning application, and associated appeal, if requested.

In the normal course of reviewing a rezoning application, a public meeting is held in the affected community. However, given the imminent OMB hearing date, this report is intended to be dealt with as a deputation item before the Toronto Community Council, with notice to appropriate parties. I am reporting at this time to permit Council to determine its position sufficiently in advance to allow time for preparation for the Ontario Municipal Board hearing scheduled for June 16, 1999.

Contact Name:

Bruce McCormick

Telephone 392-1306

e-mail bmccormi@toronto.ca

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Application Data Sheet

Confirmed Municipal Address:31 St. Clements Avenue

Planning Controls (For verification refer to Chief Building Official)

Official Plan Designation:	LDRA	Site Specific Provision:	No
Zoning District:	R1S Z0.6	Historical Status:	No
Height Limit (m):	9.0	Site Plan Control:	No

Project Information

Site Area:	310.7 m2		Height:	Storeys:		2
Frontage:	7.6 m			Metres:		7.92
Depth:	40.8 m
				Indoor		Outdoor
Ground Floor:	56.9 m2		Parking Spaces:
Residential GFA:			Loading Docks:
Non-Residential GFA:	113.7 m2		(number, type)
Total GFA:	113.7 m2

	Floor Area Breakdown
	Land Use	Above Grade	Below Grade
	Office	113.7 m2

Proposed Density
Residential Density:	Non-Residential Density: 0.37	Total Density: 0.37

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

-Mr. Ted Heideman, Toronto, Ontario;

-Ms. Helen Heideman, Toronto, Ontario;

-Mr. Patrick Devine, Goodman and Carr; and

-Mr. Peter Jewett, St. Clement's School Foundation.

Insert Table/Map No. 1

31 St. Clements Avenue

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31 St. Clements Avenue