Front Yard Parking - 86 Caledonia Road (Davenport)

The Toronto Community Council recommends that approval be granted to permit commercial boulevard parking at 86 Caledonia Road.

The Toronto Community Council submits the following report (July 20, 1998) from the Acting Assistant Director, By-law Administration and Enforcement, City Works Services:

Purpose:

To report on a request for an exemption from Chapter 400, Traffic and Parking, of the former City of Toronto Municipal Code, to permit front yard parking which does not meet the requirements of the Municipal Code. 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.

Recommendation:

That this report be deferred to the September 16, 1998 meeting of the Toronto Community Council for the hearing of deputations.

Background:

In a communication dated July 2, 1998 to your Committee, Councillor Disero requested that the owner of 86 Caledonia Road be permitted to continue access to his front yard parking pad.

Comments:

The property is located at the south west corner of Caledonia Road and Norman Avenue which is located within an area zoned R2 that permits residential use only. This property contained a commercial establishment on the ground floor which was permitted on a legal non-conforming basis, and the owner, Mr. Pino Sacco, was previously licensed for commercial boulevard parking for one parking space parallel to the roadway, fronting the building. This location was licensed from May 1988 to November 1997.

The commercial ground floor of the building was recently converted from commercial to residential use and therefore, under the Municipal Code, the property no longer qualifies to have the commercial boulevard parking licence. I note that once the commercial use was converted to residential use, as the area is zoned R2, no future commercial use of the property would be permitted. In a letter dated November 4, 1997, we advised Mr. Sacco that his licence was cancelled.

Consideration for parking at the front of residential properties is governed by Chapter 400, Traffic and Parking, of the former City of Toronto Municipal Code.

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 Chapter 400, of the former City of Toronto Municipal Code:

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

(b)prohibits front yard parking where the property has access to existing parking facilities on the lot;

(c)requires that the parking space must be perpendicular to the sidewalk;

(d)requires a minimum of 15% of the area on the City boulevard be soft landscaping, and all other areas other than the walkway and the parking pad must be soft landscaping;

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

(f)sets a maximum of one (1) front yard parking space per property.

We have investigated the feasibility of front yard parking at this location and we have determined that it does not meet the provisions of Municipal Code Chapter 400, Traffic and Parking, of the former City of Toronto Municipal Code for front yard parking for the following reasons:

1.Permit parking is authorized on the even side of Caledonia Road, and on both sides of Norman Avenue, within permit parking area 3B;

2.There is a 3 car garage at the side of the property with access from Norman Avenue; and

3.The paving specifications and the soft landscaping requirements are not met (boulevard on Caledonia Road is paved with asphalt).

I note that for properties which 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.

Conclusions:

As the property is situated on a street authorized for permit parking and has existing parking facilities on the lot, it is not eligible for front yard parking. In addition, as it is now a residential property, it does not qualify for commercial boulevard parking. In view of the above, this request should be denied by Council.

As this is a request for an exemption from Chapter 400, Traffic and Parking, of the former City of Toronto Municipal Code, this report should be deferred to the September 16, 1998 meeting of the Toronto Community Council for deputations.

Contact Name and Telephone Number:

Nino Pellegrini, 392-7778

The Toronto Community Council also submits the communication (July 2, 1998) from Councillor Disero:

I am writing to ask for Community Council's assistance in a matter that concerns the above noted address.

It has been brought to my attention that 86 Caledonia Road was licensed in 1988, under Commercial Boulevard Parking. In 1997, it was determined that the property no longer had a commercial component and the license was rescinded. Since then, cement barriers have been placed on the front yard pad.

The owner of the property has informed me that this parking entrance has existed since he bought the property in 1962 and that the previous owner had told him it had existed for many years prior to that. Since 1991, the owner had been paying for the use of the parking space and is prepared to continue to do so.

Of particular concern is the fact that the owner claims he never once received a communication from the City of Toronto stating that such actions were going to be taken.

For these reasons, I ask that Community Council allow this gentleman continued access to his front yard pad.