July 20, 1998

To:Toronto Community Council

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

Subject:Request for an Exemption from Chapter 400 of the Former City of Toronto Municipal Code, to Permit Front Yard Parking for a Second Space at 38 Spruce Hill Road (East Toronto)

Purpose:

To report on a request for an exemption from Chapter 400, Traffic and Parking, of the former City of Toronto Municipal Code, to permit a second front yard parking space. As this is a request for an exemption from the by-law, it should be scheduled as a deputation item.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

That this report be deferred to the September 16, 1998 meeting of the Toronto Community Council for the hearing of deputations.

Background:

In a communication dated July 9, 1998 to your Committee, Ms. Helen Beauchamp is appealing staff's refusal for a second parking space at 38 Spruce Hill Road.

Comments:

History of applications at 38 Spruce Hill Road

A previous owner of 38 Spruce Hill Road applied for front yard parking on December 16, 1988. The necessary poll, required at the time, was conducted during the summer of 1989. The by-law to permit front yard parking on this block of Spruce Hill Road was adopted by the former City Council on September 7, 1989.

Our records indicate that since that time, the property changed ownership at least twice. The current owners, Henry and Terry Beauchamp, took ownership on August 21, 1989, and subsequently applied for front yard parking on August 31, 1989. They were advised in writing on September 28, 1989 that because the proposal involved extensive landscaping to create the parking area, that no further processing could be done on the file until detailed plans for the project were submitted for review.

The owners wrote requesting an extension to submit plans; this extension was granted to March 30, 1990.

On March 31, 1990, they wrote again requesting a further extension, which was granted until June 4, 1990, by way of our letter dated April 17, 1990. This letter also noted that "Failure to receive your drawings by that date will result in the cancellation of your file."

No plans were received and the file was subsequently closed in 1990. No further communication was received from the owner, until Councillor Jakobek, in a letter dated September 17, 1997, requested that a report be submitted directly to the former City Council.

The former City Council, at its meeting of October 6 and 7, 1997, had before it our report (October 6, 1997) entitled "Front Yard Parking - 38 Spruce Hill Road". Council directed that should the owners of 38 Spruce Hill Road apply for front yard parking, that an exemption be granted to the requirement that prohibits front yard parking where a property is situated in an area authorized for permit parking and authorized the Commissioner of City Works Services to process the application accordingly.

Current status of the application

Mr. and Mrs. Beauchamp submitted a new application to park two vehicles at the front of their property on March 26, 1998.

The required poll was conducted and the results were in favour of the application. The applicants were notified on June 23, 1998 of the results of the poll and approval was granted for one front yard parking space. To date, no licence for front yard parking has been issued for 38 Spruce Hill Road.

I have been asked again to report on the appeal of staff's decision to refuse the application for a second parking space at this location.

On July 5, 1996, Chapter 400 of the Municipal Code was amended by By-law No. 1996-0363. The current front yard parking criteria of Chapter 400, of the former City of Toronto Municipal Code:

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

(b)prohibits front yard parking where the installation of the ramp to service the parking space will result in the loss of an on-street permit parking space; and

(c)limits the number of front yard parking spaces to one per property.

The former City Council granted an exemption to permit front yard parking at this location, notwithstanding that it was in an area licensed for permit parking. However, the application at that time was for only one parking space and therefore City Council did not comment on the number of spaces to be considered. The current application is for two parking spaces, but as the Municipal Code does not permit more than one parking space per property, approval for a second parking space cannot be granted.

Conclusions:

As the property has already received approval for one front yard parking space, and the property is not eligible for a second front yard parking space, under the criteria set out in Chapter 400, Traffic and Parking, of the former City of Toronto Municipal Code, the request for a second parking space should be denied by Council.

In addition, as this is a request for an exemption from Chapter 400, Traffic and Parking, of the former City of Toronto Municipal Code, this report should be deferred to the September 16, 1998 meeting of the Toronto Community Council for deputations.

Contact Name and Telephone Number:

Nino Pellegrini, 392-7778

Acting Assistant Director

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