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September 2, 1998

To:Toronto Community Council

From:Angie Antoniou, Acting Assistant Director, By-law Administration and Enforcement, City Works Services

Subject:Appeal - Driveway Widening - 50 Balsam Avenue (East Toronto)

Purpose:

To report on an application for driveway widening parking which does not meet the requirements of Municipal Code Chapter 248, Parking Licences, of the former City of Toronto Municipal Code. As this is an appeal, it is scheduled as a deputation item.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

It is recommended that City Council deny the request for an exemption from the by-law to permit driveway widening for a second parking space, at 50 Balsam Avenue, as such a request does not comply with Chapter 248 of the former City of Toronto Municipal Code.

Background:

Ms. Sally Rollinson and Mr. Paul Rollinson, co-owners of 50 Balsam Avenue, have requested an appeal to staff's decision to refuse the application for a second parking space at this location.

Comments:

This location was previously licensed for driveway parking for one (1) vehicle. The parking was confined within the private driveway and totally on private property.

Ms. Sally Rollinson and Mr. Paul Rollinson have recently purchased the property and submitted an application on July 20, 1998 to park two motor vehicles on private property, situated on the private driveway and on a widened portion adjacent to the driveway in front of the property (see Appendix 'A').

The property has a private driveway 3.04 metres wide, which leads to a single car garage at the rear of the property. The driveway is 16.5 metres long from the back edge of the sidewalk to the jog in the building where the driveway is reduced to 2.33 metres wide. The property can accommodate parking for 3 vehicles (see Appendix 'B'). Although parking on private driveways in front of houses is a zoning infraction, it is hard to enforce and is a fairly common practice throughout the former City of Toronto. (The former City of Toronto Zoning By-law No. 438-86 governs any parking on the property. It prohibits any parking on any portion of the lot beyond the front wall of a dwelling, but permits casual parking on a properly surfaced driveway.)

Driveway widening is governed by the criteria set out in § 248-3 of Municipal Code Chapter 248 and Zoning By-law No. 438-86. This application does not meet the requirements of the legislation, as the Code limits the licensing to one (1) space in the front yard.

The Rollinsons have just been licensed for one space within the limits of the driveway. They are requesting a second parking space adjacent to the driveway. If the second parking space is licensed, this would effectively provide parking for 4 vehicles at 50 Balsam Avenue.

Accordingly, the second parking space has been denied and Sally and Paul Rollinson have been advised of this by letter on August 24, 1998.

Conclusions:

As the property is currently licensed for one (1) parking space at the front of the dwelling within the confines of the private driveway, and the Code limits the licensing to one (1) space, this location is not eligible for driveway widening for a second space. Since the proposal does not meet the current criteria, this request should be denied by Council.

Contact Name and Telephone Number:

Nino Pellegrini, 392-7778

Acting Assistant Director

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