Curb Cut and Parking Pad - 68 Lake Crescent

The Etobicoke Community Council recommends that:

(1)when the uniform by-law for front yard parking comes into effect and if permit fees are required, this application be subject to payment of such fees;

(2)this requirement be applicable to all other similar situations; and

(3)the following report (October9, 1998) from the Director, Transportation Services, District 2, be adopted.

The Etobicoke Community Council reports having requested the Director, Transportation Services, District 2, to submit a further report to the Etobicoke Community Council reviewing the history of Minor Encroachment Agreements pertaining to developers and whether this policy should be extended to non-developers on a general basis.

The Etobicoke Community Council submits the following report (October 9, 1998) from the Director, Transportation Services, District 2:

Purpose:

To review the Minor Encroachment Agreement and curb cut request granted to the owners of 68Lake Crescent to facilitate the installation of a proposed front yard parking pad which will encroach onto the public road allowance.

Financial Implications:

The applicant has made payment of the non-refundable $200.00 application fee for the Encroachment Agreement and paid the $112.35 refundable cost for the curb cut. The applicant has also provided the required proof of insurance listing the City of Toronto as an additional insured on their homeowners' insurance policy for $2,000,000.00.

Recommendations:

It is recommended that:

(1)Etobicoke Community Council confirm the decision to grant the Minor Encroachment Agreement; and

(2)City staff be instructed to proceed with the necessary curb cut.

Background:

In 1995 the former City of Etobicoke received a request for a curb cut from a previous owner of 68Lake Crescent to facilitate a proposed front yard parking pad. The request was denied when it was discovered that there was insufficient space to allow the parking pad to be installed completely on private property.

In 1997 the City of Etobicoke began granting Minor Encroachment Agreements for front yard parking spaces to developers of several new townhouse complexes to facilitate a reduction in the normal 19.7 foot (6 metre) front yard setback. The reduced setback caused the front yard parking spaces, a standard size of 19.7 feet by 9.8 feet (6 metres by 3 metres) and located in each unit's driveway, to encroach onto the adjacent public right-of-way. Minor Encroachment Agreements have since also been issued to individual homeowners who request permission to install front yard parking pads which encroach on the public road allowance provided that each proposal complies with the Zoning Code and other by-laws and poses no obstruction to municipal operations. One hundred and ninety (190) Minor Encroachment Agreements have been granted since 1997 for front yard parking spaces, 49 others are pending at this time and 298 new applications are expected within the next few months.

In April 1998 the applicants purchased 68 Lake Crescent and in July, 1998 they requested a MinorEncroachment Agreement and 8.2 foot (2.5 metre) curb cut to allow a proposed front yard parking pad (Attachment No. 1 - Drawing). The proposal complies with the former CityofEtobicoke Zoning Code (Attachment No. 2) and the Road Allowance Control Section, Traffic Section and Road Operations Section of the Transportation Division have approved the application. A Minor Encroachment Agreement (Attachment No. 1) was executed in August,1998 in accordance with the former City of Etobicoke Road Allowance Encroachment Policy and the curb cut application was then processed.

After the curb was marked for a curb cut, a number of complaints were received from neighbouring residents and the cut was postponed to provide the complainants with an opportunity to address EtobicokeCommunity Council on the matter (Attachment No. 3).

Comments:

The one-block section of Lake Crescent where this property is situated is a one-way street running east from Dwight Avenue to Royal York Road (Attachment No. 4). The majority of the 81 properties fronting on this section are less than 30 feet (9.1 metres) wide (Attachment No. 4). A total of 36 of these properties on both sides of the street use front yard parking spaces all of which appear to encroach on public road allowance without authorization. In some cases driveways accessing a garage or rear yard parking space have been widened to accommodate parking of an extra vehicle in the front yard while, in others, parking pads have been installed where no other vehicle access to the property exists. The lot frontage at 68LakeCrescent is 18.3 feet (5.6 metres), the dwelling is semi-detached and no other vehicle access to the property exists. Permit parking became available on the street on September1,1998. Similar front yard parking spaces are common throughout the Mimico area.

Conclusions:

Given that large numbers of similar properties in the Mimico area utilize front yard parking spaces like the one proposed, the vast majority without authorization, it would be inconsistent for the City to refuse permission to this applicant who has willingly followed due process and abided by the City's policies and by-laws.

Contact Name:

D. Robertson, Budget/Road Allowance Co-ordinator,

Transportation Services Division.

Tel: (416)394-8360; Fax: 394-8942.

(Copies of Attachment Nos. 1-4, referred to in the foregoing report, were forwarded to all Members of Council with the agenda of the Etobicoke Community Council meeting of October 14, 1998, and copies thereof are on file in the office of the City Clerk.)

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The Etobicoke Community Council reports having had before it the following communications:

-(September 17, 1998) from Mr. R. Burns, and others, expressing concern regarding the application for curb cut and parking pad in the front yard area at 68 Lake Crescent; and

-(October 9, 1998) from Mr. J. Codispodi, responding to the concerns regarding the application.

The following persons appeared before the Etobicoke Community Council in connection with the foregoing:

-Mr. R. Burns, Etobicoke;

-Mr. G. Baltazar, Etobicoke;

-Mr. D. MacDonald, Etobicoke; and

-Mr. J. Codispodi, Etobicoke.