September 14, 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 4 Kingswood Road (East Toronto)

Purpose:

To report on a request for an exemption from Municipal Code Chapter 400, Traffic and Parking, 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 4 Kingswood Road, 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 Ms. Keenan=s proposal, that this report be deferred to the November 12, 1998 meeting of the Toronto Community Council, at which time I will report on the physical requirements of the by-law related to 4 Kingswood Road and the results of a poll for the hearing of deputations.

Background:

Councillor Jakobek has asked me to report on a request for front yard parking which does not meet the criteria of Municipal Code Chapter 400. The department has not received an application for front yard parking for this address.

Comments:

I have received a communication from Councillor Jakobek, forwarding a request from Ms. Elizabeth Keenan, owner of 4 Kingswood Road, to permit front yard parking at the front of the property with access from the existing ramp servicing the neighbouring driveway to the south of the property.

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; and

(b)prohibits front yard parking where the installation of the curb ramp for the proposed parking area will result in the loss of an on-street permit parking space.

Permit parking is authorized on the even side of this portion of Kingswood Road, within permit parking area 9C.

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 ballots cast are in favour of the request.

I note that no public poll has been conducted for this location and no determination as to whether or not the location meets the physical criteria of Municipal Code Chapter 400, Traffic and Parking, of the former City of Toronto Municipal Code.

Ms. Keenan has advised that the next door neighbour, Ms. Mickevicus, owner of Spiaggia Trattoria, 2318 Queen Street East, is in favour of her application and that she could use the parking lot ramp to access a front yard parking pad at 4 Kingswood Road. In addition, she indicated that this ramp servicing the parking lot just south of her property is encroaching her property by 3.5 feet.

Staff of this Division visited the site and determined that Ms. Keenan is referring to the splay of the neighbouring ramp and it does not encroach her property.

The proposal by Ms. Keenan would obviously require the neighbouring property at 2318 Queen Street East to consent to such arrangement. This would require both owners to enter into a private agreement to permit the sharing of a ramp to access the parking fronting the property at 4 Kingswood Road. Should at any time the property to the south get sold or the property owner decides that they no longer want Ms. Keenan to have access to their parking lot ramp, the owner of 4 Kingswood Road would be faced with a big financial loss since the front yard parking pad could no longer be used.

Such shared access could set a precedence and would undermine the intent of the by-law and it should be denied by Council.

Conclusions:

As the property is situated on a street authorized for permit parking, this location is not eligible for front yard parking.

In addition, the owner=s proposal to use the neighbouring property=s parking lot ramp would set a precedence and undermine the intent of the bylaw, which is to preserve neighbourhood streetscape as well as rely on the existing supply of parking as the preferred option.

In view of the above, this request should be denied by Council.

Contact Name and Telephone Number:

Nino Pellegrini, 392-7778

Acting Assistant Director

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