Front Yard Parking - 6 St. Clair Gardens (Davenport)
The Toronto Community Council recommends that City Council grant the request for an
exemption to Municipal Code, Chapter 400, Traffic and Parking, to permit front yard
parking at 6 St. Clair Gardens.
The Toronto Community Council submits the following report (February 19, 1998) from
the Director of By-law Administration and Enforcement, City Works Services:
Purpose:
To report on Councillor Disero's request on behalf of the homeowner to obtain a front yard
parking space which is not permitted under City of Toronto Municipal Code, Chapter 400,
Traffic and Parking. As this is a request for an exemption from the by-law, it is scheduled as a
public hearing.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendation:
It is recommended that the appeal to permit staff to accept and process an application for front
yard parking at 6 St. Clair Gardens be denied by City Council, as the property is not eligible for
front yard parking under Chapter 400 of the City of Toronto Municipal Code.
Background:
Councillor Disero has asked me to report on an application for front yard parking which was
returned to the applicant, because the property is not eligible for front yard parking.
Comments:
Mr. John Lisboa, owner of 6 St. Clair Gardens, Toronto, Ontario M6E 3V4, submitted an
application on December 18, 1995, requesting front yard parking for 1 motor vehicle fronting 6
St. Clair Gardens.
At that time, front yard parking was governed by the criteria set out in Front Yard Parking By-law No. 65-81. This by-law stipulated that front yard parking in this area (formerly Ward 12)
was not permitted if the property had vehicular access to an existing parking facility at the rear of
the property with 2 or more parking spaces by means of a public lane.
The application was refused since the property had access to a 2 car open parking space at the
rear of the property accessed by a public lane.
A second application was forwarded to the Department by Councillor Disero on behalf of Mr.
Lisboa, on March 20, 1997. The application was returned to the applicant since the application
did not meet the current front yard parking criteria of City of Toronto Municipal Code Chapter
400.
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 City of Toronto Municipal Code Chapter 400:
(a) prohibits front yard parking where permit parking is authorized on the street or the
property is within an area authorized for permit parking; and
(b) prohibits front yard parking where a property has access to a parking facility on the lot.
Permit parking is not authorized on this portion of St. Clair Gardens, however the property is
within permit parking area 3A. Further, the property has access to a two car open parking area at
the rear of the property by means of a public laneway.
I note that for properties which do meet the basic eligibility criteria (i.e. no on-site parking, not in
a permit parking area), the application is then reviewed against a set of physical criteria (i.e.
clearances from trees, landscaping, etc.). If it meets these physical criteria, a positive response to
a public poll is also required before staff may issue a licence. These steps have not been
followed for 6 St. Clair Gardens, as no application has been accepted from the owner.
Conclusions:
As the property is situated within a permit parking area, it does not qualify for front yard parking
under current by-law. In addition, the property has access to a two car open parking area at the
rear of the property accessed by a paved public lane and was not eligible for front yard parking
under the previous more permissive by-law. Any request for staff to accept and process an
application should be denied by City Council.
Contact Name and Telephone Number:
Nino Pellegrini, 392-7778
