July 3, 1998
To:Toronto Community Council
From:Angie Antoniou, Acting Assistant Director, By-law Administration and
Enforcement, City Works Services
Subject:Appeal of Denial of Application for Commercial Boulevard Parking -
142 Westmount Avenue (Convenience Address For 1151 St. Clair Avenue West)
(Davenport)
Purpose:
To report on the applicant's appeal of staff's refusal of an application for commercial
boulevard parking fronting 142 Westmount Avenue, 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 fronting
142 Westmount Avenue, 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, of the former City of Toronto
Municipal Code;
OR
(2)City Council deny the application for commercial boulevard parking fronting
142 Westmount Avenue (convenience address for 1151 St. Clair Avenue West).
Background:
Messrs. Frank Macri and Anthony Quadrini, in their letter of May 22, 1998 (Appendix 'A'),
have requested an appeal of staff's decision to refuse the application for commercial
boulevard parking fronting 142 Westmount Avenue (convenience address for 1151 St. Clair
Avenue West).
Comments:
Mr. Frank Macri, on behalf of Mr. Anthony Quadrini, owner of Tony's Barber Shop, 142
Westmount Avenue, Toronto, Ontario M6H 3K4, submitted an application on January 30,
1998, requesting a licence for commercial boulevard parking fronting 142 Westmount
Avenue, for the parking of 2 vehicles positioned parallel to the roadway as shown on the
attached sketch (Appendix 'B'). For the purpose of this report, 142 Westmount Avenue is
the convenience address for 1151 St. Clair Avenue West.
This application meets the physical criteria for commercial boulevard parking as set out in §
313-42 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of
Toronto Municipal Code.
As the proposed parking 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 from the closing date of the previous poll.
A poll, dated March 31, 1998, was conducted on the west side of Westmount Avenue from
Nos. 114 to 136 and on the east side of Westmount Avenue from Nos. 103 to 131. The poll
was conducted in English, French, Italian and Portuguese as requested by the Ward
Councillor (i.e. every person polled received the ballot form in 4 languages). The results of
the poll are as follows.
Polling Summary
Mr. Quadrini was advised in writing that given the negative result of the poll, a licence
could not be issued.
In their letter, Messrs. Quadrini and Macri suggest that due to the lack of interest by the
residents, that they be granted their appeal for commercial boulevard parking (i.e. only 4 of
78 ballots were cast).
The City Clerk's office has notified the owners and occupants within 100 m along both
sides of Westmount Avenue from the proposed parking location, advising of Messrs.
Quadrini and Macri's appeal.
Staff cannot issue Mr. Quadrini a licence for commercial boulevard parking fronting
142 Westmount Avenue because the poll result was negative. I am satisfied that the poll was
conducted properly.
On hearing the deputations, the Toronto Community Council must decide whether or not to
recommend that City Council grant the appeal.
