RECOMMENDATION:
That a
Public Meeting be held to consider a Zoning By-law Amendment (ZA. 03-106144)
application, submitted by Abidien Inc. (Best Homes) to permit a technical
by-law amendment for lots within draft plans 19TM-97009 and 19TM-98005.
PURPOSE:
The purpose of this report is to provide
preliminary information regarding a rezoning application to permit a technical
by-law amendment, and to recommend that a public meeting be scheduled to obtain
public input on this application.
BACKGROUND:
The lots subject to this rezoning application
form part of draft approved plans 19TM-97009 (formerly known as Felice) and
19TM-98005 (formerly known as Pomezia)(Figure 1 and 3), in South
Unionville. The applicant owns both
parcels of land, and to date two phases in each plan have been registered.
Minor variances consistent with the proposed amendment
have already been obtained.
Over the past year or so, the applicant has
received three separate variances for lots within draft plans 19TM-97009 and
19TM-98005.
Minor variances were granted for Lots 15-19,
Plan19TM-97009 (all single detached lots) to permit garages at the front of the
dwelling, whereas the zoning by-law only permits houses with garages accessed
from the rear lane (Figure 4). The
intent of the applicable zoning by-law was to ensure that units facing South
Unionville Avenue, a major collector road, would only have garages at the rear,
accessed from a lane. The above lots do
not face South Unionville Avenue but were adjacent to and could, therefore,
utilize the rear lanes required for the units facing South Unionville
Avenue. At the time the zoning by-law
was passed (1997) staff and the developer expected that the above units would
take advantage of the presence of the rear lanes and the lots were accordingly
zoned with the R2-LA zone category which required rear lane access. The current applicant/builder subsequently
acquired the subject lands and through their market research concluded that
their preference was to not build rear lane products on lots fronting on local
roads. It should be noted that similar
lots fronting on local roads on the adjoining plan of subdivision to the east
(Plan 19TM-98005 - Pomezia) were zoned in 1998, at the developer’s request, to
permit either front facing garages or rear lane access. The current applicant/builder applied for
and, with staff support, obtained a minor variance in December 2001, which
allowed garages at the front for Lots 15-19 on Plan19TM-97009 (see Figure
4).
A minor variance was also granted for Blocks
13-15 (19TM-97009) and Blocks 12-14 (19TM-98005) in July 2002 to permit reduced
rear yard setbacks in order to accommodate single car garages attached to the
rear of townhouses (Figure 4).
Typically the R2-LA zone category in South Unionville requires a 14.5
metre rear yard setback for the main building from the rear property line/rear
lane. This setback was intended to
accommodate both the detached rear lane based garage as well as each unit’s
private outdoor amenity space located between the detached garage and the main
dwelling. The applicant proposed a
different design with the rear lane garage being attached to the rear of the
main dwelling. In effect, the garage
then became part of the main building and was no longer permitted within the
rear yard setback. To accommodate this
design the rear yard setback had to be reduced for the applicable lots from
14.5 m to 8.75 m.
Subsequently, in December 2002 the applicants
returned with a request for minor variance for additional single detached lots
(Lots 20-29) within Plan of subdivision 19TM-97009 to permit garages at the
front of dwellings, whereas the zoning by-law required rear lane access (See
Figure 4). At this time the Building
Department raised a concern regarding the number of minor variances being
granted within the Felice and Pomezia plans of subdivisions noting that it
could lead to administrative difficulties in the future when tracking the
development standards applicable to these lots. Staff felt that the requested minor variance was supportable
provided the applicant agreed to apply for a zoning by-law amendment to
consolidate the minor variances into an amending by-law, for administrative
purposes. The applicant agreed and this
requirement and subsequent rezoning was made a condition of approval for the
latest minor variance.
Zoning
by-law amendment required for administrative purposes
The lands are currently designated Residential in the Official
Plan. The subject properties are
currently zoned Residential Two – Lane Access [R2-LA*52 (H)], under By-law
177-96, as amended, which only permits houses with garages with rear lane
access (Figure 2). As noted above,
minor variances have been obtained to vary the development standards. A zoning by-law amendment is required, for
administrative purposes, to rezone Lots 15-19, and Lots 20-29 (19TM-97009) to
the appropriate zone category that allows garages to be located at the front of
the dwelling. Again, for administrative
purposes, a zoning by-law amendment is also required to permit Blocks 13-15
(19TM-97009) and Blocks 12-14 (19TM-98005) to have reduced rear yard setbacks
to accommodate garages attached to the rear of the houses.
POTENTIAL BENEFITS OF APPROVAL OF THE
PROPOSAL:
The anticipated benefits include:
- Avoiding administrative difficulties in
the future by consolidating a number of variances into one by-law
amendment; and
- Easier review of development standards, as
they apply to the subject developments, by both staff and the public.
CONCERNS/ISSUES
TO BE RESOLVED:
There are no issues or concerns related to this zoning application.
FINANCIAL CONSIDERATIONS:
There are no
financial implications for the Town in this report.
BUSINESS UNITS CONSULTED AND AFFECTED:
The
application was circulated to internal departments (Fire, Building,
Engineering, Design, Waste Management), and external agencies for comments.
A Public Meeting should be held to obtain input on the proposed zoning
amendment.
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Valerie
Shuttleworth, M.C.I.P., R.P.P.
Director
of Planning and Urban Design
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Jim
Baird, M.C.I.P., R.P.P.
Commissioner
of Development Services
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FIGURE 1
DOCUMENT: Q:/Development/Apps/Zoning/03106144/DSC_Mar4
ATTACHMENTS:
Figure
1: Location
Figure
2: Area Context/Zoning
Figure
3: Aerial
Figure
4: Lots subject to zoning by-law
amendment
APPLICANT/AGENT: Masongsong Associates Engineering Tel: (905) 944-0162
c/o
Tony Masongsong Fax:
(905) 944-0165
1151
Denison Street, Unit 15
Markham,
ON
L3R
3Y4
