October 1, 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 Municipal Code Chapter 400, to Permit Front Yard Parking at 161 Mulock Avenue (Davenport)

Purpose:

To report on a request for an exemption from Municipal Code Chapter 400, Traffic and Parking, of the former City of Toronto Municipal Code, to permit front yard parking. 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.

Recommendations:

It is recommended that:

1.City Council deny the request for an exemption from the by-law to permit front yard parking at 161 Mulock Avenue, as such a request does not comply with Municipal Code Chapter 400 of the former City of Toronto Municipal Code; and

2.Should the Toronto Community Council consider this proposal, this report be deferred to the January 1999 meeting of the Toronto Community Council, at which time I will report on the results of a poll for the hearing of deputations.

Background:

The Toronto Community Council, at its meeting of September 16, 1998, had before it a communication (August 11, 1998) from Councillor Disero, respecting a Request for Reinstatement of Front Yard Parking Privileges Fronting 161 Mulock Avenue.

The Toronto Community Council deferred consideration of this matter until its meeting to be held on October 14, 1998, and requested the Commissioner of Works and Emergency Services to report at that time.

Comments:

The previous owners of 161 Mulock Avenue were approved for front yard parking in April 1993 under the former Front Yard Parking By-law No. 65-81. However, since they did not obtain the required permit or pay for the ramp installation, the file was closed.

Subsequent to the approval of front yard parking at 161 Mulock Avenue, the Front Yard Parking By-law was amended in July 1996.

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 the former City of Toronto Municipal Code Chapter 400:

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

(b)requires that the parking area be paved using semi-permeable paving materials; and

(c)requires that the requirements of Municipal Code Chapter 331, Trees, are complied with.

The subject property does not comply with the former City of Toronto Municipal Code Chapter 400 for front yard parking for the following reasons:

(a)Permit parking is authorized on this portion of Mulock Avenue on an alternate side basis, within permit parking area 1C.

(b)There is a large 72 cm diameter City-owned tree fronting this property. The specifications for trees over 50 cm in diameter require that no paving be installed within 2.4 metres from the base of the tree. When taking this criteria into consideration, there is insufficient space from the tree to the property line on the south side. The area for the parking would only be 1.36 metres in width.

(c)At present, the area to the south of the tree is paved in flagstone, up to a point of 87 cm from the base of the tree. In its present condition, this parking area does not meet the current specifications of the Code, since the area is not paved in semi-permeable paving materials, and the clearances around the tree are not met.

In areas of the City without permit parking, the Commissioner may issue a licence for front yard parking subject to certain physical criteria being met, as long as a public poll has been conducted on the street, and the majority of ballots cast are in favour of the request.

I note that no public poll has been conducted for this location, as no application has been submitted by the current owners.

Conclusions:

This property was initially approved for front yard parking in April 1993, under the previous more permissive by-law. The changes in the by-law in 1996 permitted the grandfathering of existing licensed locations but did not grandfather the approved locations. As the property is situated on a street authorized for permit parking, this location is not eligible for front yard parking. Under the circumstances, this request should be denied by Council.

Contact Name and Telephone Number:

Nino Pellegrini, 392-7778

Acting Assistant Director

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