Works and Emergency Services

City Hall

23rd Floor, East Tower

100 Queen Street West

Toronto, Ontario

Canada M5H 2N2

January 5, 1999

To:Toronto Community Council

From:Angie Antoniou, Manager, Right of Way Management, Transportation Services, District 1

Subject:Appeal - Front Yard Parking - 42 Walker Avenue (Midtown)

Purpose:

To report on the applicant's appeal of staff's refusal of an application for front yard parking at 42 Walker Avenue, which does not meet the requirements of Municipal Code Chapter 400, Traffic and Parking, of the former City of Toronto Municipal Code. As this is an appeal and a request for an exemption from the by-law, it is scheduled as a deputation item.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

That City Council deny the request for an exemption from the by-law to permit front yard parking at 42 Walker Avenue, as such a request does not comply with Chapter 400 of the former City of Toronto Municipal Code.

Background:

The Toronto Community Council, at its meeting of December 9, 1998, had before it a communication (November 20, 1998) from Councillor Bossons, requesting an appeal, on behalf of the owner, for front yard parking at 42 Walker Avenue.

The Toronto Community Council deferred consideration of this matter until its meeting to be held on January 20, 1999.

Comments:

The subject property was initially approved for front yard parking in November 1981, under the previous more permissive by-law, formerly known as Front Yard Parking By-law No. 65-81. However, the parking pad was never constructed and the property was not licensed for front yard parking.

City Council, at its meeting of October 28, 29 and 30, 1998, approved a number of amendments to former City of Toronto Municipal Code Chapter 400, governing front yard parking. However, Ward 23, Midtown, was deferred back to Toronto Community Council for further consideration and the hearing of deputations.

Under the circumstances, the regulations, in part, governing front yard parking as existed prior to October 1998, are still in effect in Ward 23, Midtown, namely:

(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)requires that the new requirements of Municipal Code Chapter 331, Trees, are complied with;

(c)requires that a formal poll be conducted to determine neighbourhood support, and the majority of ballots cast are in favour of the front yard parking application.

Mr. Paul Richardson, the new owner of 42 Walker Avenue, Toronto, Ontario M4V 1G2, submitted an application for front yard parking on September 4, 1998. His application was refused for the following reasons:

(a)permit parking is authorized on Walker Avenue, on the odd side; and

(b)there is a large 80 cm diameter City-owned tree fronting this property which will be affected by the installation of the proposed parking pad. The specifications for trees over 50 cm in diameter require that no paving be installed within 2.4 metres from the base of the tree and that no grade change or excavation is permitted from 4.0 metres from the base of the tree. The distance from the base of the tree to the property line on the east side is 4.3 metres, and to the property line on the west side is 2.6 metres. When taking these criteria into consideration, there is insufficient space from the tree to the property lines to accommodate a parking pad.

Given that the property is situated on a street authorized for permit parking and there is insufficient room to provide the necessary clearances around the City tree, no poll was conducted.

Conclusions:

The subject property does not meet the regulations of front yard parking as it pertains to Ward 23, Midtown, because:

(a)permit parking is authorized on Walker Avenue, on the odd side; and

(b)there is a large 80 cm diameter City-owned tree fronting this property which will be affected by the installation of the proposed parking pad.

For the Committee's information, the location was also reviewed under the new regulations of front yard parking as it pertains to the rest of the former City of Toronto Wards and the property still does not meet the new regulations because of the large 80 cm diameter City-owned tree fronting this property which will be affected by the installation of the proposed parking pad.

Under the circumstances, the request for front yard parking at 42 Walker Avenue should be denied by Council.

Contact Name and Telephone Number:

Nino Pellegrini, 392-7778

Manager

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