TABLE OF CONTENTS

REPORTS OF THE STANDING COMMITTEES

AND OTHER COMMITTEES

As Considered by

The Council of the City of Toronto

on July 27, 28, 29 and 30, 1999

TORONTO COMMUNITY COUNCIL

REPORT No. 10

1 Interim Control By-law 241-1998 - 16 Avondale Road - Application for Consent under Chapter 276, and Article I, Ravines of the Former City of Toronto Municipal Code (Midtown)

City of Toronto

REPORT No. 10

OF THE TORONTO COMMUNITY COUNCIL

(from its meeting on June 22, 1999,

submitted by Councillor Pam McConnell, Chair)

As Considered by

The Council of the City of Toronto

on July 27, 28, 29 and 30, 1999

Interim Control By-law 241-1998 -

16 Avondale Road - Application for Consent

under Chapter 276, and Article I, Ravines of the

Former City of Toronto Municipal Code (Midtown)

(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)

(City Council on July 6, 7 and 8, 1999, deferred consideration of this Clause to the next regular meeting of City Council to be held on July 27, 28, and 29, 1999.)

The Toronto Community Council recommends the adoption of the following report (May 6, 1999) from the Commissioner of Urban Planning and Development Services:

Purpose:

This report recommends that the property known as 16 Avondale Road be fully subject to the constraints of Chapter 276 - Ravines, of the former City of Toronto's Municipal Code and that the exemption allowed by Chapter 276-5.B., which permitted the construction of a single family residence be removed. However, it is also recommended that the replacement of the existing house on the associated property at 10 Avondale Road with a new house to be constructed on the joint property of 10 and 16 Avondale Road be allowed subject to the consent of Council in response to Application No. 099007.

Financial Implications:

There are no requirements for any municipal expenditure associated with this approval.

Recommendations:

It is recommended that:

(1) City Council amend Chapter 276-5. Exemptions. of the former City of Toronto's municipal code to delete Chapter 276-5. Exemptions. B., which allows the erection of one (1) single-family residence on the land known municipally in the year 1993 as No. 16 Avondale Road, as delineated by a heavy line on Map 2 in Schedule B at the end of this chapter;

(2) City Council consent to Application No. 099007 respecting 10 and 16 Avondale Road to permit the construction of one house which would be partially located within the Avondale Ravine, on the condition that the owner enter into a Ravine Control Agreement requiring:

(a) that the owner shall provide and maintain the landscaping and ravine improvements substantially in accordance with Plan Nos. 1, 2, 3 and 4, date stamped as received on May 3, 1999, prepared by Mark Hartley Landscape Architects, Plan No. A1, date stamped as received on April 15, 1999 and Plan No. A2, date stamped as received on May 3, 1999, prepared by DesignArc Architect Inc., as on file with the Commissioner of Urban Planning and Development Services; and

(b) the owner shall:

(i) ensure that the construction is undertaken in accordance with the following conditions and shall add notes to the construction plans, such that they may be noted during excavation and construction, as well as undertaken during the landscaping activities, as follows:

"Tree Protection Zone Note: No construction activity including grade change, surface treatment or excavation is permitted within the distances of tree bases specified on this plan (all measurements are from the closest outside edge of tree base). This includes excavation of trenches for services (water, sewer, electrical, etc.) or irrigation systems. No root cutting is permitted. In addition, storage of materials, equipment or fill and/or movement of construction equipment is not permitted within this protection zone. This area must remain undisturbed at all times."

"Aboricultural Work Note: Any roots or branches which extend beyond the tree protection zone(s) indicated on this plan which require pruning, must be pruned by a Certified/Registered Consulting Arborist or other tree professional with equivalent experience and knowledge. All pruning of tree roots and crowns must be in accordance with good arboricultural standards.";

(ii) ensure that the work is undertaken in accordance with the following conditions and add the location of proposed hoarding to construction plans, such that they are noted during excavation and construction, as well as landscaping activities. Hoarding must be constructed to the following standard:

Plywood hoarding shall consist of 4' x 8' sheets of plywood installed 8' high with the exception where lower branches of an existing tree are growing lower than 8', the hoarding shall be installed just below the lower branches in the vicinity of the tree(s). Plywood hoarding shall be installed as specified on this plan and installed prior to commencement of any site activity. Hoarding shall remain in an effective condition until all site activities are complete. Signs shall be attached to hoarding which read as follows:

"Tree Protection Zone

Plywood hoarding must not be removed at any time. The protection zone defined by this hoarding must remain undisturbed at all times.";

(iii) ensure that the proposed bridge forming the new driveway shall be in place at the start of construction, to provide space for storage of building equipment and materials. Alternatively, this area shall be hoarded off to avoid damage to roots during construction;

(iv) ensure that a positive drainage flow is created from the areas of driveway and pathway which are shown to be built of reinforced concrete, such that water falling on these areas will be redirected to the root system of the adjacent sugar maple which underlies the bridging structures (tree number 2 shown on Drawing No. 4, titled "Arborists Report", dated April 28, 1999, prepared by Mark Hartley Landscape Architects, date stamped as received by Urban Planning and Development Services on May 3, 1999);

(v) ensure that the centre walkway to the house (as shown on Plan No. 3, referred to above) shall be built as flagstone paving on concrete, similar to that shown for the walkway east of the house, or shall be built of other materials which do not require excavation of existing soils to install. The two trees shown to be planted on either side of the centre walkway entrance to the new house, shown in area A south of the driveway, shall be smaller than a 15 gallon potted, or of similar sized balled and burlapped stock, such that planting does not cause unnecessary root injury to the sugar maple described in condition 2(b)

(iv) above; and

(vi) minimize disruption to the valley slope, direct rain leaders away from the ravine slope and to provide sedimentation control fencing for downstream areas.

(3) the City Solicitor be authorized to prepare the necessary agreement; and

(4) the owner be advised to contact the Forestry Section, Parks and Recreation Division, Economic Development, Culture and Tourism Services, at 392-1900, upon the completion of all work as indicated on the approved plans;

(5) the owner is advised that the storm water runoff originating from the site should be disposed of through infiltration into the ground and that storm connections to the sewer system will only be permitted subject to the review and approval by the Commissioner of Works and Emergency Services of an engineering report detailing that site or soil conditions are unsuitable, the soil is contaminated or that processes associated with the development on the site may contaminate the storm runoff;

(6) the owner be advised of the need to receive the approval of the Commissioner of Works and Emergency Services for any work to be carried out within the street allowance; and

(7) the owner is advised of the need to apply for revised municipal numbering prior to obtaining a building permit.

Council Reference/Background/History:

On June 2, 1997, the Council for the former City of Toronto adopted By-law No. 1997-0270 which had the effect of prohibiting for a period of one year, the erection of any building or structure within the lands know municipally as 16 Avondale Road. Subsequently, at its meeting on May 13 and 14, 1998, Council of the City of Toronto adopted By-law No. 241-1998 which served to extend the Interim Control By-law applying to 16 Avondale for a further period of one year.

In 1981, Council of the former City of Toronto adopted amendments to the Official Plan designating the Avondale Ravine. Notwithstanding that the purpose of the ravine designation was to control development within the ravine areas of the City, Council allowed for the erection of one single-family residence on the lands located between No. 10 and No. 20 Avondale Road (ie. 16 Avondale Road). At that time, planning staff recommended against such exemption from the requirement for the consent of Council to allow the construction of a house on this property.

The property at 16 Avondale Road is subject to considerable slope and is also heavily treed with a wide range of native and non-indigenous vegetation, giving the impression of a beautifully forested garden. The property had been dutifully cared for by the previous owners for an extended period of time and the community considers the carefully created "natural" landscaping of the site to add significantly to the character of the area.

The current owner, who bought the property in 1997, has continued to respect the character of the property and intends to construct a new home on the property in a style which would be consistent with that of other houses on the street. To undertake this development the owner would demolish the existing house and has proposed that the new house would be carefully sited to minimize its impact on the existing trees and the slope of the hill to the west of the proposed house, while also attempting to minimize its impact on the adjacent properties.

Comments:

1. Project:

To construct a replacement house which would be partially located within the Avondale Ravine portion of the property.

2. Location:

On the north side of Avondale Road to the west of Park Road (see Key Map).

3. Site:

The property is a deep and generally rectangular lot. The western third to one half of the lands have a significant slope up to the adjacent house at 20 Avondale Road. The sloped portion of the lot has significant tree cover with a wide variety of native and non-indigenous trees and shrubs. The balance of the site is considerably more open and flatter and currently accommodates a relatively small two and a half storey house.

4. Comments From Civic Officials (see Appendix A):

(a) The Commissioner of Urban Planning and Development Services has indicated that the proposed house does not comply with the requirements of the Zoning By-law in various respects, including the location of the proposed garage, the amount of front yard landscaped open space and the minimum side lot setback.

(b) The Commissioner of Works and Emergency Services indicated his satisfaction with the proposal subject to conditions related to minimizing erosion and controlling sedimentation downstream from the construction area. It was also noted that the current grades on site may provide some problems related to the driveway access.

(c) The Commissioner of Economic Development, Culture and Tourism Services stated the current proposal satisfactorily addresses his concerns regarding the preservation of the natural vegetation within the ravine and does not create undue negative impact on the existing slope of the ravine.

(d) The Toronto and Region Conservation Authority (TRCA) have indicated that, although the site is within the Ravine, it is not currently, or proposed to be regulated by the TRCA and they say that they have no objections to the approval of this application.

5. Planning Considerations And Conclusions

The applicant has undertaken considerable effort to maintain the existing natural character of the ravine slope while still allowing for the development of a house which fits architecturally with the traditional character of the area. In recommending the deletion of the exemption within Chapter 276 of the Municipal Code, which allowed the development of a single detached house on the lands known as 16 Avondale Road, any future development proposal would be required to be reviewed by Council before such development could be undertaken.

Therefore, I recommend that City Council remove the exemption allowing the development of a single family house solely on the lands known as 16 Avondale Road and give consent to the proposed development, subject to the owner entering into a Ravine Control Agreement. I believe that the development of the proposed house is both reasonable and within the intent of Chapter 276, Ravines, of the former City of Toronto's Municipal Code.

Contact Name:

Angus Cranston

Telephone: (416) 392-4025

Fax: (416) 392-1330

E-Mail: acransto@toronto.ca

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Appendix A

Reports of Civic Officials

1. Urban Planning and Development Services (May 7, 1999)

Our comments concerning this proposal are as follows:

Description: Demolish existing detached house and build new detached house with private garage at front

Zoning Designation: R1 Z0.6

Applicable By-law(s): 438-86, as amended

Plans prepared by: Design Arc Plans dated: May 3, 1999

Zoning Review

The list below indicates where the proposal does not comply with the City's Zoning By-law 438-86, as amended, unless otherwise referenced.

1. The by-law requires a building to have a minimum front lot line set back equal to the shortest distance by which the front wall of the only adjacent building is set back from its front lot line: 9.13 metres. The proposed front lot line is set back 8.47 metres. (Section 6(3) PART II 2(iii))

2. The by-law requires a detached house in an R1 zone to have a minimum side lot line setback of 7.5 metres for that portion of the building not exceeding 17.0 metres in depth. The proposed side lot line setback is 3.048 metres to the east side lot line. (Section 6(3) PART II 3 B.(II))

3. The by-law requires an accessory building to be located no closer to the front lot line than the distance at which the main building is located. The proposed accessory building is located closer to the front lot line than the main building. (Section 6(3) PART II 7(ii) B.)

4. The by-law requires a minimum landscaped open space of 50% of the area of the lot between the front lot line and the main front wall of the building as projected to the side lot line: 153.75 square metres. The proposed landscaped open space is 74.41 square metres, which is deficient by approximately 82.34 square metres. (Section 6(3) PART III 3(a))

5. The by-law limits the width of a walkway located between the front lot line and any wall of the building facing the front lot line to 1.06 metres. The proposed walkway is 2.1 metres wide. (Section 6(3) PART III 4)

6. The by-law prohibits the parking of motor vehicles on the portion of the lot between the front lot line and the front wall of the building. The proposed parking does not comply. (Section 6(3) PART IV 1(e)) Note: this requirement is not applicable if approval is granted by City Works Services - Municipal Code Chapter 400.

7. Interim Control By-law 1997-0270 does not permit the construction of a building on this lot.

8. The by-law requires a driveway located between the front lot line, as projected to the side lot lines, and any wall facing the front lot line, not to exceed a width of 3.05 metres at the front lot line and 4.9 metres at the wall. The proposed driveway is located outside a line drawn between the permitted limits. (Section 6(3) PART IV 4(ii))

Other Applicable Legislation and Required Approvals

1. The proposal Does Not require conveyance of land for parks purposes, or payment in lieu thereof pursuant to Section 42 of the Planning Act.

2. The proposal Does Not require the approval of Heritage Toronto under the Ontario Heritage Act.

3. The issuance of any permit by the Chief Building Official will be conditional upon the proposal's full compliance with all relevant provisions of the Ontario Building Code.

2. Works and Emergency Services (May 3, 1999)

This is in reference to the application by Christopher Dunkley of DesignArc Architect Inc, on behalf of David Macdonald, for the project on the above-noted site located on the north side of Avondale Road west of Park Road. The proposal is to construct a single family dwelling unit and a detached brick garage at the front of the property. I have reviewed the material submitted and provide the following comments and recommendations.

Survey and Mapping Comments

The site is comprised of two properties which should be amalgamated for assessment and Official Record municipal numbering purposes. The applicant is required to apply for revised municipal numbering prior to obtaining a building permit.

The existing Premises 10 Avondale Road is excluded from ravine control but the proposed siting of the Premises extends into areas Interim Control By-law 1997-0270.

Grading and Ravine Control

The proposed house is set at a higher finished grade than the previous siting and extends into the valley slope in the former 16 Avondale premises; however, the house has been sited with the attempt to consider the existing grades of the ravine slope and to minimize cuts into the ravine bank or fill at the base of slope area. The applicant has also utilized natural or semi-porous surface materials in the driveway and pathways around the house.

With the location of the proposed residence at the base of the ravine slope there is less concern for the overall slope stability since there are no loads imposed from the house. The applicant is to direct rain leaders away from the ravine slope to grassed areas at the base of the valley.

The applicant is to minimize disturbed areas on the ravine slope during construction through the use of protective snow fencing and is also to provide sedimentation control fencing at the valley floor outside of disturbed areas during construction to protect lower areas from sedimentation.

The owner is to be advised that the storm water runoff originating from the site should be disposed of through infiltration into the ground and that storm connections to the sewer system will only be permitted subject to the review and approval by the Commissioner of Works and Emergency Services of an engineering report detailing that site or soil conditions are unsuitable, the soil is contaminated or that processes associated with the development on the site may contaminate the storm runoff.

It appears that there will be a swale required at the west side of the house at the base of the slope directing any overland flows from the valley slope to the front. Note that these swales and the drainage for the driveway area should be directed as much as possible to landscaped frontages and contained on site minimizing flows out to Avondale Road.

There is some question with regard to the grades around the garage which show considerable cut. In addition some attention should be given to the proposed north westerly access and entry into the garage which appears to be steep. These issues should be looked at in greater detail at the building permit stage or consideration should be given to relocating the garage.

I note that the water garden feature and pump house extends into the valley slope which could introduce some instabilities at the base of the slope. There is insufficient grade detail provided for this feature on the submitted plans to assess its impact. It may be appropriate to relocate this feature if possible outside the slope area.

Parking and Access

The provision of one parking space to serve the residential dwelling, with a detached garage at the south-west limit of the property satisfies the estimated parking demand generated by this project and, as far as can be ascertained, the Zoning By-law requirement for like number. The proposed parking supply is acceptable.

Access to and from the proposed garage is provided via a private semi-circular driveway, varying in width from 3.2 m to 3.66 m at the streetline of Avondale Road. The configuration and dimensions of the access driveways are adequate for vehicular ingress and egress.

Recommendations

1. The applicant is to minimize disruption to the valley slope, direct rain leaders away from the ravine slope and to provide sedimentation control fencing for downstream areas;

2. The owner is be advised that the storm water runoff originating from the site should be disposed of through infiltration into the ground and that storm connections to the sewer system will only be permitted subject to the review and approval by the Commissioner of Works and Emergency Services of an engineering report detailing that site or soil conditions are unsuitable, the soil is contaminated or that processes associated with the development on the site may contaminate the storm runoff; and

3. the owner be advised of the need to receive the approval of the Commissioner of Works and Emergency Services for any work to be carried out within the street allowance.

The owner is advised of the need to apply for revised municipal numbering prior to obtaining a building permit.

3. Economic Development, Culture and Tourism (May 6, 1999)

This will acknowledge the revised plans pertaining to the above noted development application which were circulated to Forestry Services on May 3, 1999. I have reviewed the circulated plans and advise they are acceptable with the following conditions:

1. Notes must be added to construction plans, such that they may be noted during excavation and construction, as well as landscaping activities, as follows:

Tree Protection Zone Note: No construction activity including grade change, surface treatment or excavation is permitted within the distances of tree bases specified on this plan (all measurements are from the closest outside edge of tree base). This includes excavation of trenches for services (water, sewer, electrical, etc.) or irrigation systems. No root cutting is permitted. In addition, storage of materials, equipment or fill and/or movement of construction equipment is not permitted within this protection zone. This area must remain undisturbed at all times.

Aboricultural Work Note: Any roots or branches which extend beyond the tree protection zone(s) indicated on this plan which require pruning, must be pruned by a Certified/Registered Consulting Arborist or other tree professional with equivalent experience and knowledge. All pruning of tree roots and crowns must be in accordance with good arboricultural standards.

2. The location of proposed hoarding must be added to construction plans, such that they are noted during excavation and construction, as well as landscaping activities. Hoarding must be constructed to the following standard:

Plywood hoarding will consist of 4' x 8' sheets of plywood installed 8' high with the exception where lower branches of an existing tree are growing lower than 8', the hoarding shall be installed just below the lower branches in the vicinity of the tree(s). Plywood hoarding must be installed as specified on this plan and installed prior to commencement of any site activity. Hoarding must remain in an effective condition until all site activities are complete. We recommend signs be attached to hoarding which read as follow:

"Tree Protection Zone

Plywood hoarding must not be removed at any time. The protection zone defined by this hoarding must remain undisturbed at all times. "

3. The proposed bridge forming the new driveway must be in place at the start of construction, to provide space for storage of building equipment and materials. Alternatively, this area must be hoarded off to avoid damage to roots during construction.

4. A positive drainage flow shall be created from the areas of driveway and pathway which are shown to be built of reinforced concrete, such that water falling on these areas will be redirected to the root system of the adjacent sugar maple which underlies the bridging structures (tree number 2 shown on Drawing Titled "Arborists Report", dated April 28, 1999, prepared by Mark Hartley Landscape Architects, date stamped as received by Urban Planning and Development Services on May 3, 1999).

5. Landscaping shown on plans titled "Planting Schedule and Details", dated April 28, 1999, prepared by Mark Hartley Landscape Architects, date stamped as received by Urban Planning and Development Services on May 3, 1999 are acceptable, with the following condition. The centre walkway to the house must be built as flagstone paving on concrete, similar to that shown for the walkway east of the house, or must be built of other materials which do not require excavation of existing soils to install. The two trees shown to be planted on either side of the centre walkway entrance to the new house, shown in area A south of the driveway, must be smaller than a 15 gallon potted or similar size b&b stock, such that planting does not cause unnecessary root injury to the sugar maple described in comment 4 above.

4. The Toronto and Region Conservation Authority (April 27, 1999)

The Toronto and Region Conservation Authority (TRCA) staff has reviewed the above noted applications and we offer the following comments.

The subject property is located within the Avondale Ravine. Although this corridor is affected by the City's Ravine By-law, it is not currently, or proposed to be regulated by the TRCA. Therefore, we have no objections to the approval of these applications.

We trust this is satisfactory. However, should you have any questions please do not hesitate to contact the undersigned or Gaspare Ritacca at extension 324.

Insert Table/Map No. 1

16 Avondale Road

Insert Table/Map No. 2

16 Avondale Road

Insert Table/Map No. 3

16 Avondale Road

Insert Table/Map No. 4

16 Avondale Road

The Toronto Community Council reports, for the information of Council, having also had before it during consideration of the foregoing matter, the following communications, and copies thereof are on file in the office of the City Clerk:

- (May 20, 1999) from Ms. Kelly Cavanaugh and Mr. Peter Jeffery

- (June 21, 1999) from Ms. Janice Merson, President, Summerhill Residents' Association

Respectfully submitted,

PAM MCCONNELL

Chair

Toronto, June 22, 1999

(Report No. 10 of The Toronto Community Council was adopted, without amendment, by City Council on July 27, 28, 29 and 30, 1999.)

Our comments concerning this proposal are as follows:
Description:	Demolish existing detached house and build new detached house with private garage at front
Zoning Designation:	R1 Z0.6
Applicable By-law(s):	438-86, as amended
Plans prepared by:	Design Arc	Plans dated:	May 3, 1999

1.	The by-law requires a building to have a minimum front lot line set back equal to the shortest distance by which the front wall of the only adjacent building is set back from its front lot line: 9.13 metres. The proposed front lot line is set back 8.47 metres. (Section 6(3) PART II 2(iii))
2.	The by-law requires a detached house in an R1 zone to have a minimum side lot line setback of 7.5 metres for that portion of the building not exceeding 17.0 metres in depth. The proposed side lot line setback is 3.048 metres to the east side lot line. (Section 6(3) PART II 3 B.(II))
3.	The by-law requires an accessory building to be located no closer to the front lot line than the distance at which the main building is located. The proposed accessory building is located closer to the front lot line than the main building. (Section 6(3) PART II 7(ii) B.)
4.	The by-law requires a minimum landscaped open space of 50% of the area of the lot between the front lot line and the main front wall of the building as projected to the side lot line: 153.75 square metres. The proposed landscaped open space is 74.41 square metres, which is deficient by approximately 82.34 square metres. (Section 6(3) PART III 3(a))
5.	The by-law limits the width of a walkway located between the front lot line and any wall of the building facing the front lot line to 1.06 metres. The proposed walkway is 2.1 metres wide. (Section 6(3) PART III 4)
6.	The by-law prohibits the parking of motor vehicles on the portion of the lot between the front lot line and the front wall of the building. The proposed parking does not comply. (Section 6(3) PART IV 1(e)) Note: this requirement is not applicable if approval is granted by City Works Services - Municipal Code Chapter 400.
7.	Interim Control By-law 1997-0270 does not permit the construction of a building on this lot.
8.	The by-law requires a driveway located between the front lot line, as projected to the side lot lines, and any wall facing the front lot line, not to exceed a width of 3.05 metres at the front lot line and 4.9 metres at the wall. The proposed driveway is located outside a line drawn between the permitted limits. (Section 6(3) PART IV 4(ii))

1.	The proposal Does Not require conveyance of land for parks purposes, or payment in lieu thereof pursuant to Section 42 of the Planning Act.
2.	The proposal Does Not require the approval of Heritage Toronto under the Ontario Heritage Act.
3.	The issuance of any permit by the Chief Building Official will be conditional upon the proposal's full compliance with all relevant provisions of the Ontario Building Code.