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To:Toronto Community Council

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

Subject:Landscaping Proposal in Connection with Parking Application at 315 Forman Avenue (North Toronto)

Purpose:

To comment on the applicant's landscaping plans in connection with a request for an exemption from Municipal Code Chapter 248, Parking Licences, of the former City of Toronto Municipal Code, to permit driveway widening for a second parking space which does not meet the requirements of the 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, should Council approve the second parking space, notwithstanding that the property is not eligible for a second parking space, the landscaping proposal be altered to meet the minimum requirements of the Code.

Background:

At its meeting on July 22, 1998, Toronto Community Council deferred consideration of a request for an exemption from the by-law from Mr. Allan Fleisher, co-owner of 315 Forman Avenue, and requested that the Commissioner of Works and Emergency Services and the Commissioner of Economic Development, Culture and Tourism comment on the applicant's landscaping plans.

Comments:

Mr. Allan Fleisher and Ms. Judy Fleisher, owners of 315 Forman Avenue, Toronto, Ontario M4S2S6, submitted landscaping plans (see Appendix 'A'), in connection with their application for two (2) parking spaces adjacent to the mutual driveway.

Chapter 248 of the former City of Toronto Municipal Code limits the size of the parking space, to 5.2 metres in width and 5.9 metres in length, for two (2) vehicles. Zoning By-law No. 438-86 of the former City of Toronto requires that 50% landscaped open space be maintained within portions of the front yard on private property and 15% must be constructed as soft landscape, ie. grass or an area to be used for planting of shrubs or flowers.

The landscaping plans were reviewed by staff of Works and Emergency Services and Economic Development, Culture and Tourism and they confirmed that the proposal did not meet the requirements for landscaped open space and soft landscaping, including the planting of a tree.

Discussions with Mr. Fleisher on the landscape proposal resulted in further modifications, the results of which are as follows:

Requirements by Codes Proposal
Landscaped open space on private property 22.9 m² (50%) 15.4 m² (34%)
Paved area on private property 22.9 m² (50%) 30.5 m² (66%)
Soft landscaping on private property 6.9 m² (15%) 8.2 m² (18%)
Soft landscaping on street allowance 4.0 m² (15%) 4.0 m² (15%)
Maximum length of space 5.9 m 8.5 m
Maximum width for 2 spaces 5.2 m 6.2 m

As can be seen, the revised landscape proposal has met most of the requirements, including the planting of a tree, with the exception of the total landscaped open space. Mr. Fleisher was informed of this, however, he is reluctant to increase this area due to maintenance of the area and more importantly due to safety concerns for Ms. Fleisher.

The requirement of the landscaped open space can be met, if Mr. Fleisher was to further revise his proposal by situating the parking area of the vehicles to within 5.9 m back of the sidewalk.

Conclusions:

Mr. Fleisher's proposal has met most of the requirements of Municipal Code Chapter 248 and Zoning By-law No. 438-86, with the exception of the landscaped open space.

On hearing of deputations, the Toronto Community Council must decide whether or not to recommend to City Council to grant permission for the parking of two vehicles.

Contact Names and Telephone Numbers:

Nino Pellegrini, 392-7778

Works and Emergency Services

Warren Quan, 392-1940

Economic Development, Culture & Tourism

Acting Assistant Director

NP/np

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