May 13, 1998

 To:Toronto Community Council

From:Lesley Watson, Director, By-law Administration and Enforcement, City Works Services

Subject:Request for an Exemption from Municipal Code Chapter 313, to Permit Residential Boulevard Parking at 71 Westlake Avenue, Convenience Address for 2408 Danforth Avenue (East Toronto)

Purpose:

To report on a request for an exemption from Municipal Code Chapter 313, Streets and Sidewalks, to permit residential boulevard parking. As this is a request for an exemption from the by-law, it is scheduled as a public hearing.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

It is recommended that any application for residential boulevard parking at 71 Westlake Avenue be denied by City Council, as such a request does not comply with Chapter 313 of the City of Toronto Municipal Code.

Background:

Councillor Jakobek has asked me to report on a request for residential boulevard parking which does not meet the criteria of Municipal Code Chapter 313. The Department has not received an application for residential boulevard parking for this address.

Comments:

The property is located at the north west corner of Danforth Avenue and Westlake Avenue. This property was a commercial establishment and was previously licensed for commercial boulevard parking for a total of three parking spaces to be parked parallel to the roadway, on Westlake Avenue flank, as follows:

(a)two licences issued since 1984 to the previous tenants of 71 Westlake Avenue (the back of the building), with access via one existing ramp;

(b)one licence issued since 1964, to the various tenants occupying the front of the building (2408 Danforth Avenue).

The building has been recently converted from commercial to mostly residential units. The front part of the building is still being used as commercial, and a commercial boulevard parking licence has been issued to the owner of the building Ms. Despina Giannopoulos. The back of the building is now being used for residential purposes. Under the Municipal Code the property no longer qualifies to have the commercial boulevard parking licences transferred, since the ground floor of the building is no longer a commercial establishment.

Residential boulevard parking is governed by City of Toronto Municipal Code Chapter 313.

On July 5, 1996, Chapter 313 of the Municipal Code was amended by By-law No. 1996-0363. The current residential boulevard parking criteria of City of Toronto Municipal Code Chapter 313:

(a)prohibits residential boulevard parking where permit parking is authorized on the street or the property is within an area authorized for permit parking;

(b)requires that the parking space must be perpendicular to the sidewalk;

(c)requires that on the City boulevard, a minimum of 15% of the area must be soft landscaping, and all other areas other than the walkway and the parking pad must be soft landscaping;

(d)requires that the parking area be paved using semi-permeable paving materials; and

(e)sets a maximum of one residential boulevard parking space per property.

The boulevard on Westlake Avenue is paved in concrete, and the soft landscaping requirements are not met. Also the distance from the back of the sidewalk to the face of the building is 4.1 metres and the vehicle parking in the area can not exceed a maximum length of 3.5 metres. This distance is insufficient to accommodate the smallest vehicle currently sold in Canada.

Permit parking is authorized on the odd side of Westlake Avenue, within permit parking area 9C.

I note that for properties which do meet the basic eligibility criteria (i.e. no on-site parking, not in a permit parking area), the application is then reviewed against a set of physical criteria (i.e. clearances from trees, landscaping, etc.). If it meets these physical criteria, a positive response to a public poll is also required before staff may issue a licence. These steps have not been followed for 71 Westlake Avenue, as no application has been received from the owner.

Conclusions:

As the property is situated on a street authorized for permit parking, it is not eligible for residential boulevard parking. As it is a residential property, it does not qualify for commercial boulevard parking. This request should be denied by Council.

Contact Name and Telephone Number:

Nino Pellegrini, 392-7778

Director

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