April 22, 1998
To:Toronto Community Council
From:Lesley Watson, Director, By-law Administration and Enforcement, City Works Services
Subject:Appeal of Denial of Application for Commercial Boulevard Parking - Massey Street Flankage of 937 Queen Street
West (Trinity-Niagara)
Purpose:
To report on the business owner=s appeal of staff=s refusal of an application for commercial boulevard parking on the
Massey Street flankage of 937 Queen Street West, because of a negative public poll. As this matter is of public interest, it
is scheduled as a deputation item.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendation:
The Toronto Community Council may recommend that:
(1)City Council approve the application for commercial boulevard parking on the Massey Street flankage of 937 Queen
Street West, notwithstanding the negative result of the public poll, and that such approval be subject to the applicant
complying with the criteria set out in ' 313-42 of Municipal Code Chapter 313, Streets and Sidewalks;
OR
(2)City Council deny the application for commercial boulevard parking privileges on the Massey Street flankage of 937
Queen Street West.
Background:
Mr. Elias Elatrash, in his letter of March 11, 1998 (Appendix >A=), has requested an appeal of staff=s decision to refuse
his application for commercial boulevard parking on the Massey Street flankage of 937 Queen Street West.
Comments:
Mr. Elias Elatrash, President, Rema Furniture Mfg. Ltd., 937 Queen Street West, Toronto, Ontario M6J 1G7, submitted an
application on October 31, 1997 requesting a licence for commercial boulevard parking on the Massey Street flankage of
937 Queen Street West.
The proposed parking area can accommodate 2 motor vehicles parallel to the roadway as shown on the attached sketch
(Appendix 'B').
This application meets the physical criteria for commercial boulevard parking as set out in ' 313-42 of City of Toronto
Municipal Code Chapter 313, Streets and Sidewalks.
As the proposed parking area is located on a residential flankage, the Municipal Code requires a public poll of owners and
tenants within 100 m of the subject property to determine their support of the proposal. If the majority of the ballots cast
are in favour of the application, the application is approved. If the majority are opposed, the Commissioner must deny the
application. If there is a negative response, re-polling for the same purpose may not take place until 2 years have passed
from the closing date of the previous poll.
A poll dated January 7 to February 6, 1998 was conducted on the east side of Massey Street between Nos. 81 and 121 and
on the west side of Massey Street between Nos. 58 and 106, including 951 Queen Street West. The results of the poll are as
follows:
Polling Summary
Mr. Elatrash was notified in writing that given the negative poll results, a licence for commercial boulevard parking could
not be issued.
The City Clerk's office has notified the owners and occupants within 100 m along both sides of Massey Street from the
proposed parking location, advising of Mr. Elatrash's appeal.
Staff cannot issue Mr. Elatrash a licence for commercial boulevard parking on the Massey Street flankage of 937 Queen
Street West because the poll result was negative.
On hearing the deputations, the Toronto Community Council must decide whether or not to recommend that City Council
grant the appeal.
