52 Hyde Avenue

Zoning By-law Amendment Application

Temporary Use

Ward 27, York Humber

The York Community Council, based on the findings of fact, conclusions and recommendations contained in the report dated March 3, 1999 from the Director, Community Planning, West District, and for the reason that the proposal is for a temporary use of the lands not exceeding three years, recommends that the Zoning By-law Amendment Application submitted by Mr. Danny Nardelli be approved, subject to the conditions outlined in the referenced report.

The York Community Council reports, for the information of Council, having:

(i)considered the above application on February 17, 1999; not approved the recommendation contained in the report dated December 22, 1998 from the Director, Community Planning, West District to refuse the application; and directed the Manager, Community Planning, West District, to schedule a Planning Act public meeting regarding this application; and

(ii)held a statutory Public Meeting on March 30, 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; deferred consideration to its April 28, 1999 meeting and directed that no further public notice be given with respect to this rezoning by-law amendment application.

The York Community Council submits the following report (March 3, 1999) from the Director, Community Planning, West District:

Purpose:

To present a draft Zoning By-law to permit the continued use of the existing building on the subject lands for mixed industrial - residential purposes on a temporary basis not exceeding three years, for consideration at the Public Meeting to be held respecting this application.

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 York Community Council receive this report as information to be considered at the Public Meeting respecting the attached Temporary Use Zoning By-law;

(2)should Community Council give favourable consideration to the application, that Zoning By-law No.1-83 be amended in accordance with the draft Zoning By-law, worded to the satisfaction of the Legal Division, attached as Schedule 1 to this report; and

(3)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Background:

At it's meeting on February 17, 1999, Community Council considered an Urban Planning and Development Services Department report which recommended refusal of a Zoning By-law Amendment (Temporary Use) application respecting 52 Hyde Avenue. The application seeks to permit the continued use, on a temporary basis not exceeding three years, of the existing building on the property for mixed industrial - residential purposes. The location of the property is shown on the location map attached as Appendix 1.

The property currently contains a two-storey block building housing two industrial workshops on the ground floor, a use permitted by the Basic Employment zoning, and four illegal residential apartments on the second floor, which previously were converted from commercial space without a building permit. Site data relating to the application is as follows:

Site Area0.05 ha0.12 ac

Gross Floor Area

total446m²4800 sq. ft.

industrial223m²2400 sq. ft.

residential223m²2400 sq. ft.

Residential Units

number and type4 one bedroom

sizerange between 36.2 m² (390 sq. ft.) to 52 m² (560 sq. ft.)

Parking

total6

residential4

industrial2

The property owner and applicant, Mr. Danny Nardelli, made a deputation before Community Council in support of the application. Upon considering the staff report and Mr. Nardelli's deputation, Community Council directed that a Planning Act Public Meeting be scheduled to solicit comments respecting the application from the surrounding community. On March 2, 1999, City Council adopted Community Council's recommendation. A Planning Act Public Meeting, to be held by Community Council, has been scheduled for March 30, 1999.

Comment:

Fire Department staff conducted an inspection of the subject property on February 23, 1999, and have confirmed that the building, including the four occupied residential apartments, is in compliance with the Fire Code retrofit requirements.

Attached as Schedule 1 to this report is a draft Temporary Use By-law which is provided for Community Council's consideration at the Public Meeting. The draft By-law permits the continuance of the existing four residential apartments for a period of time not exceeding three years from the By-law's date of passing. The By-law limits the number of apartments to four and restricts their location to the existing second floor of the building. No enlargement of the building will be permitted for industrial or residential purposes during the three year term of the Temporary Use By-law. The By-law also requires that a minimum of 6 parking spaces be provided and maintained on the subject property.

Conclusion:

The draft Temporary Use By-law attached as Schedule 1 to this report is presented for Community Council's consideration.

Contact Name:

Henry Byres, Senior Planner

York Civic Centre

Tel: 394-2618 Fax: 394-2782

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

(i)(April 28, 1999) from Mr. Danny Nardelli, 52 Hyde Avenue, advising that letters of support have been received from the neighbours and business owners on Hyde Avenue;

(ii)(April 9, 1999) from Messrs. Franco Fernandez and Franco Martelli, F & F Auto Collision, 44 Hyde Avenue, advising that they are aware of the apartment units at 52 Hyde Avenue and have no objection; and that as a result of the presence of the tenants they have not experienced a break-in for some time;

(iii)(April 18, 1999) from Mr. John Louisetto, owner of 46 Hyde Avenue, stating that he has no problems with the apartments and neither do his tenants;

(iv)(April 12, 1999) from FBM Building Materials, 6 Hyde Avenue, advising that they were not aware of the apartments until receiving notice of the Public Meeting, that they have not been bothered by the use and do not expect to be in the future;

(v)(April 12, 1999) from Mr. Danny Zoletta, P.P. Waxmen Scrap Metal, 36 Hyde Avenue, advising that the existence of the apartments does not interfere with the operation of their business, that the tenants ensure that children are not on the property at night, providing easier access for their trucks;

(vi)(April 15, 1999) from Mr. Richard Aziz and Ms. Laura Aziz, owners of 48 and 50 Hyde Avenue, stating that they have no objection to the apartments on the second floor of this property; there have been no problems with the tenants; the property is better maintained since it is partially residential; and that there has been a reduction in security problems;

(vii)(April 13, 1999) from Mr. Randy Voss, tenant at 52 Hyde Avenue; advising that he moved to Toronto to accept employment in the Lawrence Avenue/Keele Street area; that difficulties were experienced in locating affordable housing; that the units at 52 Hyde Avenue are comfortable, well lit, with laundry and parking facilities; easy access to transportation; and that he enjoys the accommodation.

(viii)(April 19, 1999) from Mr. Steve Martin, tenant at 52 Hyde Avenue, stating that the apartment is well maintained; the area is very quiet after business hours; the fact that it is a truck route is very convenient since he drives a tractor-trailer and sometimes has to park the vehicle on the premises;

(ix)(April 14, 1999) from B. McDonald, tenant at 52 Hyde Avenue, advising that no problems have been experienced with the neighbors, noise and parking; that it is easily accessible to the TAC; is very pleased with the apartment unit; there is no vehicular traffic and the street is quiet;

(x)(April 14, 1999) from Ms. Tracy D'Acunto and Mr. Aurelio D'Acunto, tenants at 52 Hyde Avenue, stating that they are pleased with the living accommodation, the building is well maintained and the rent is reasonable.

________

-Mr. Danny Nardelli, owner of 52 Hyde Avenue, appeared before the Community Council in support of his application.

SCHEDULE 1 - DRAFT ZONING BY-LAW

CITY OF TORONTO

BY-LAW NO.

To amend former City of York

By-law No. 1-83

(Re: 52 Hyde Avenue)

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 - AMENDED1.That Section 16 of By-law No. 1-83, as amended, of the former City of York, be further amended by adding a new Subsection (384 ) as follows:

"(384) 52 Hyde Avenue

Notwithstanding any of the provisions of this By-law, the lands municipally known as 52 Hyde Avenue, which are more particularly shown on 'Schedule A' hereto, may be used for a mixed-use industrial-residential building, for a period of time not to exceed three years from the day of the passing of this by-law, subject to the following conditions:

(i)the whole of the building existing on the lands at the time of the passage of the By-law introducing this Subsection as shown on Schedule 'A' hereto may be used for a mixed-use building containing up to four residential dwelling units;

(ii)the residential dwelling units may only be located on the second floor of the building;

(iii)the gross floor area of the building shall not be increased while this Subsection remains in effect;

(iv)a total of 6 parking spaces shall be provided and maintained on-site;

(v)a 2.0 metre driveway shall be provided and maintained along the east side of the building to provide access to parking spaces located in the rear yard;

(vi)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 day of its passing.

ENACTED and PASSED this day of A.D. 1999.

APPENDIX 1 - LOCATION MAP FOR 52 HYDE AVENUE

SCHEDULE 'A' - BY-LAW NO.

AND TO SECTION 16 (384) OF ZONING BY-LAW NO. 1-83

The York Community Council also had before it the following report (December 22, 1998) from the Director, Community Planning, West District:

Purpose:

To consider a Zoning By-law Amendment application to permit the continued use of the existing building on the subject property for mixed industrial - residential purposes on a temporary basis not exceeding three years.

Funding Sources, Financial Implications and Impact Statement:

City funding is not required. There are no impacts on capital or operating budgets.

Recommendation:

It is recommended that Council refuse this application.

Background:

Subject Property:

The 0.05 hectare subject property is located on north side of Hyde Avenue, in the centre of the Valley Crescent-Hyde Avenue industrial area (see Appendix 1). The area, located within the flood plain of Black Creek, is characterized by several industrial uses such as salvage/recycling yards, auto body shops and contractors establishments which utilize considerable portions of their properties for outdoor storage. The area is isolated from the surrounding industrial and residential neighbourhoods by virtue of its valley location, with access provided only by Hyde Avenue. Both Hyde Avenue and Valley Crescent are dead end roads. Therefore, the area gets little local and no "through" vehicular or pedestrian traffic. The nearest TAC bus route is on Rogers Road.

The lands contain a two-storey block building housing two industrial workshops on the ground floor and four residential apartments on the second floor, which previously were converted from commercial space without a building permit The rear yard contains metal-clad storage sheds extending the full width of the property.

Previous Application:

In 1989, a Zoning By-law Amendment application, proposing to permit the continuance of the existing four residential apartments on a temporary basis, was submitted by the property owner. At their meeting on September 18, 1989, the former City of York Council agreed with the recommendation of the Planning and Economic Development Department and refused the application, based upon the site's inappropriate location and environment for residential uses.

Proposal:

The current application also seeks approval of a Temporary Use Zoning By-law to permit the continuance of the existing four illegal apartments for a period not exceeding three years. The apartments are all one bedroom and range in size between 36.2 m² (390 ft²) and 52.0 m² (560 ft²). The applicant proposes to demolish the existing sheds in the rear yard of the property and provide in their place five parking spaces. A sixth parking space is proposed in the front yard. The parking spaces in the rear yard would be accessed by a narrow, two metre (6.6 ft.) driveway. A site plan is attached to this report as Appendix 2.

Official Plan:

The property is located within the York City Centre area and is designated "City Centre Residential Use" by the Official Plan.

Zoning:

The property is zoned "Basic Employment (BE)," which permits a broad range of industrial and business service uses, as well as outdoor storage of materials. Residential uses are not permitted.

Comment:

The environment created by the physical isolation of the Valley Crescent - Hyde Avenue area, and the existing uses of both the subject property and surrounding lands, makes the introduction of sporadic residential uses into this area, even on a temporary basis, inappropriate.

With respect to the Official Plan, the York City Centre policies encourage the comprehensive redevelopment of this industrial area for medium and high density residential development. Furthermore, the policies state that " the offensive and noxious nature of existing salvage/metal recycling activities indicates that land use compatibility and environment considerations would be serious concerns if residential development occurred while offensive industrial uses continued on these lands." Clearly, the Official Plan contemplates land assembly and redevelopment for residential uses in this area only when the current incompatible industrial uses cease. This application is, therefore, not in conformity with the Official Plan.

Agency Comments:

The Municipal Standards Division of the Urban Planning and Development Services Department has commented that they have an active zoning violation file in relation to the existing residential apartments on the subject property. Toronto Hydro requires that they be contacted by the project architect with respect to the servicing of the property.

The Toronto and Region Conservation Authority (T.R.C.A.) does not object to the temporary by-law amendment since the proposed residential uses can be accommodated within the existing building on the property. However, the T.R.C.A. advises that the property is located within the Regional Storm Floodplain and Fill Regulation Line, and is designated as part of the Special Policy Area respecting flood plain management.

There are no other substantive comments or objections to the proposed Zoning By-law Amendment.

Conclusion:

The Official Plan requires that any residential development of the Valley Crescent - Hyde Avenue industrial area involve comprehensive assembly. The existing industrial area is not an appropriate location for individual residential uses. Existing industrial uses in the immediate vicinity of the subject property will create adverse noise and dust impacts on any proposed residential use. The area is isolated from surrounding neighbourhoods and would likely be unsafe at night, especially for pedestrians. Approval of this application, even on a temporary basis, would establish and undesirable precedent.

Therefore, staff recommend that the application be refused.

Contact Name:

Henry Byres, Senior Planner

York Civic Service Centre

Tel: 394-2618 Fax: 394-2782