October 28, 1998

To:Toronto Community Council

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

Subject:Front Yard Parking for Disabled Persons at 26 Ascot Avenue (Davenport)

Purpose:

To comment on a request for an exemption from Municipal Code Chapter 400, Traffic and Parking, of the former City of Toronto Municipal Code, to permit the excess concrete paving to remain in connection with the disabled front yard parking application.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

That City Council request the removal of the excess concrete paving fronting 26 Ascot Avenue and that permeable materials such as gravel, turf stone or ecostone be installed at 2.4 m from the base of the tree.

Background:

The Toronto Community Council, at its meeting of October 14 and 15, 1998, had before it a communication (September 24, 1998), from Councillor Betty Disero, requesting that the disabled front yard parking application at 26 Ascot Avenue be reconsidered.

The Toronto Community Council deferred consideration of this matter until its meeting to be held on November 12, 1998, and requested the Commissioner of Works and Emergency Services to report at that time.

Comments:

Mr. Mario Rummo and Mrs. Concetta Rummo, co-owners of 26 Ascot Avenue, Toronto, Ontario M6E 1E7, applied for disabled front yard parking fronting their residence. The application was approved and subsequently a construction and paving permit No. SACP 97-P202 was issued.

One of the provisions of the issuance of the permit required that no paving in concrete be permitted for a distance of 4.0 m from the base of the City owned tree and that the concrete pad cannot exceed a maximum of 2.5 m.

There is a large 70 cm diameter Norway Maple City owned tree fronting the adjacent property to the east at 24 Ascot Avenue and it is in fair condition. The specifications for trees over 50 cm in diameter require that no impermeable paving be installed within 4.0 m from the base of the tree and semi-permeable paving is permitted between 2.4 m and 4.0 m.

Prior to paving the area, Mr. Rummo called our office and enquired if he could pave the entire front yard in concrete. He was advised not to use concrete due to the tree next door and to keep the concrete area to the maximum allowed as per permit No. SACP-97-P202. He was also advised that if he wished to pave using brick pavers, the area could be expanded to accommodate a walkway adjacent to the parking area to be used for the wheelchair.

Inspection by Urban Forestry staff and staff of this Department determined that most of the front yard was paved in concrete, in excess of and in contravention to the permit issued. The concrete paving is 4.1 m in width and within 2.4 m from the base of the tree. Cement paving will not permit air and water penetration to the roots of the tree, and will eventually cause the tree to die back. Installing any impermeable materials within 2.4 m of the bases of City trees is in contravention of this Department=s specifications and Article 1 of the former City of Toronto Municipal Code Chapter 331. The Commissioner of Economic Development, Culture & Tourism is requesting the permeable materials such as gravel, turf stone or ecostone be installed at 2.4 m from the base of the tree instead of the cement paving.

Mr. Rummo was advised to remove the paving by letter dated February 11, 1998, and again advised directly by Urban Forestry staff on March 18, 1998.

In our subsequent letter of September 14, 1998, Mr. Rummo was advised that his file has been closed and that any parking taking place is considered unauthorized and subject to by-law enforcement.

Conclusions:

The Norway Maple tree adjacent to 26 Ascot Avenue, fronting 24 Ascot Avenue is 70 cm in diameter and is in fair condition. The specifications for trees over 50 cm in diameter require that no impermeable paving be installed within 4.0 m from the base of the tree and semi-permeable paving is permitted between 2.4 m and 4.0 m. To ensure the continuous health of this tree, the excess paving must be removed and permeable materials such as gravel, turf stone or ecostone be installed at 2.4m from the base of the tree.

Contact Names and Telephone Numbers:

Nino Pellegrini, 392-7778Warren Quan, 392-1940

Works and Emergency ServicesEconomic Development, Culture & Tourism

Acting Assistant Director

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