July 6, 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 an Extension of Commercial Boulevard Parking - Claremont Street
Flankage of 890 Dundas Street West (Trinity - Niagara)
Purpose:
To report on the business owner's appeal of staff's refusal of an application for an extension of commercial boulevard
parking on the Claremont Street flankage of 890 Dundas Street West, because of a negative public poll. As this is a
matter of public interest, it is scheduled as a deputation item.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendation:
The Toronto Community Council may recommend that:
(1)City Council approve the application for an extension of commercial boulevard parking on the Claremont Street
flankage of 890 Dundas Street West, notwithstanding the negative result of the public poll, and that such approval be
subject to the applicant complying with the criteria set out in § 313-42 of Municipal Code Chapter 313, Streets and
Sidewalks, of the former City of Toronto Municipal Code;
OR
(2)City Council deny the application for an extension of commercial boulevard parking on the Claremont Street flankage
of 890 Dundas Street West.
Background:
Mr. Vinko Pehar, in his letter of March 16, 1998 (Appendix 'A'), has requested an appeal of staff's decision to refuse his
application for an extension of commercial boulevard parking on the Claremount Street flankage of 890 Dundas Street
West.
Comments:
A licence for commercial boulevard parking on the Claremont Street flankage of 890 Dundas Street West was issued to
Mr. Vinko Pehar, owner of Vinko Motors Limited, on November 11, 1992, for the parking of (4) four vehicles right
angled to the roadway. Subsequently, on September 29, 1997, Mr. Pehar submitted a further application for (1) one
additional vehicle, parallel to the roadway as shown on the attached sketch (Appendix 'B').
This application meets the physical criteria for commercial boulevard parking as set out in §313-39 of Municipal Code
Chapter 313 of the former City of Toronto Municipal Code.
As the proposed parking flanks a residential district, the Municipal Code requires a public poll of owners and tenants
within 100 m from the proposed parking. If the majority of the ballots cast are in favour of the application, the
application is approved. If the majority are opposed, the Commissioner must deny the application. If there is a negative
response, re-polling for the same purpose may not take place until 2 years have passed from the closing date of the
previous poll.
A poll dated December 12, 1997 was conducted on the west side from 190 to 204 Claremont Street and on the east side
from 193 to 195 Claremont Street to determine neighbourhood support. The results of the poll were as follows:
Polling Summary
Mr. Pehar was advised in writing that given the negative poll in 1997 and that the two years have not yet lapsed, a licence
could not be issued.
Staff cannot issue Mr. Pehar a licence for an additional commercial boulevard parking space on the Claremont Street
flankage because of a negative poll in 1997.
On hearing the deputations, the Toronto Community Council must decide whether or not to recommend to City Council
to grant the requested boulevard parking.
