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September 1, 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 Residential Boulevard Parking - Sussex Avenue Flankage of 226 Major Street (Downtown)

Purpose:

To report on the applicant's appeal of staff's refusal of an application for residential boulevard parking facilities on the Sussex Avenue flankage of 226 Major Street.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

The Toronto Community Council may recommend that:

(1)City Council approve the application for residential boulevard parking on the Sussex Avenue flankage of 226 Major Street, and such approval be subject to the applicant complying with the criteria set out in § 313-40 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code, including a favourable poll;

OR

(2)City Council deny the application for residential boulevard parking on the Sussex Avenue flankage of 226 Major Street.

Background:

In a communication dated July 20, 1998 to Councillor Chow, Ms. Katrina McHugh, owner of 226 Major Street, appealed staff's refusal for three (3) residential boulevard parking spaces.

Comments:

Ms. Katrina McHugh, owner of 226 Major Street, Toronto, Ontario M5S 2L3, submitted an application on June 19, 1998, to park three (3) vehicles on the City boulevard, on the Sussex Avenue flankage of the property.

The property is located at the south west corner of Major Street and Sussex Avenue. The proposed parking area is presently paved in gravel and accommodates three (3) vehicles. The area is also serviced by a ramp which provides access to two (2) of the proposed parking spaces.

Adequate parking facilities can be constructed totally on private property in the rear yard by removing the existing fence in front of the ramped boulevard.

Consideration for residential boulevard parking is governed by Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code. The current criteria:

(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)prohibits residential boulevard parking where the property has access to existing parking facilities on the lot or where adequate space for parking can be provided on the lot;

(c)sets a maximum of one (1) residential boulevard parking space per property.

We have investigated the feasibility of residential boulevard parking at this location and we have determined that it does not meet the provisions of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code for residential boulevard parking for the following reasons:

1.Permit parking is authorized on an alternate side basis on both Major Street and Sussex Avenue, within permit parking area 6B;

2.There are no parking facilities on the lot, however parking can be accommodated totally on private property with access from an existing ramp on Sussex Avenue; and

3.The application is for three (3) parking spaces.

I note that for properties which 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.

Conclusions:

As the property is situated on a street authorized for permit parking and has adequate space to construct parking facilities on the lot, it is not eligible for residential boulevard parking. In view of the above, this request should be denied by Council.

Contact Name and Telephone Number:

Nino Pellegrini, 392-7778

Acting Assistant Director

NP/np

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