Works and Emergency Services

City Hall

23rd Floor, East Tower

100 Queen Street West

Toronto, Ontario

Canada M5H 2N2

February 2, 1999

To:Toronto Community Council

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

Subject:Appeal of Denial of Application for Commercial Boulevard Parking - Edwin Avenue Flankage of 1635 Dupont Street (Davenport)

Purpose:

To report on an appeal of staff's refusal of an application for commercial boulevard parking on the Edwin Avenue flankage of 1635 Dupont Street because of a negative public poll. As this matter is of public interest, it is scheduled as a deputation item.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

The Toronto Community Council may recommend that:

(1)City Council deny the application for commercial boulevard parking on the Edwin Street flankage of 1635 Dupont Street;

OR

(2)City Council approve the application for commercial boulevard parking on the Edwin Street flankage of 1635 Dupont Street, notwithstanding the negative results of the public poll, and that such approval be subject to the applicant complying with the criteria set out in § 313-39 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code.

Background:

Mr. Paul Genus, in his letter dated January 19, 1999 (Appendix 'A'), has requested an appeal of staff's decision to refuse his application for commercial boulevard parking on the Edwin Street flankage of 1635 Dupont Street.

Comments:

Mr. Paul Genus, owner of Boxes R Us, 1635 Dupont Street, Toronto, Ontario M6P 3S9, submitted an application on September 18, 1998, requesting a licence for commercial boulevard parking on the Edwin Street flankage of 1635 Dupont Street for the parking of 2 motor vehicles positioned parallel to the roadway as shown on the attached sketch (Appendix 'B').

We have examined this application and have determined that it meets the physical criteria for commercial boulevard parking as set out in § 313-42 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code.

As the proposed boulevard parking flanks a residential district, the Municipal Code requires a public poll to be conducted of owners and tenants within 100 m of the proposed parking. If the majority of the ballots cast are in favour of the application, the application is approved. If there is a negative response, re-polling for the same purpose may not take place until 2 years have passed from the closing date of the previous poll.

A poll dated October 28, 1998 was conducted on the east side from 65 to 101 Edwin Avenue, including 1625 Dupont Street and on the west side from 84 to 106 Edwin Avenue, to determine neighbourhood support. The results of the poll were as follows:

Polling Summary

Mr. Genus was advised in writing on December 23, 1998 that given the response to the public poll did not indicate neighbourhood support of his application, a licence could not be issued.

While I can appreciate that the response to the poll was low in comparison to the total ballots issued, as Mr. Genus indicates, the Municipal Code stipulates that the if the majority of the ballots cast are not in favour of the application, the application must be denied.

For the information of Toronto Community Council, in response to concerns raised by Mr. Genus concerning the condition of a City-owned tree and boulevard on the Edwin Avenue flankage, arrangements were made with Community Services, Parks and Recreation to remove the dead tree and to undertake improvements to the area by City crews. These improvements included repaving of the boulevard in asphalt and the planting of 2 trees.

Given the negative response to the poll and because of on-going unauthorized parking and to protect the streetscape improvements, concrete bollards were installed to the rear of the City sidewalk by City crews on December 23 and 24, 1998.

On Appendix 'A', I have included the newly planted trees and position of the concrete bollards.

Our records show that a licence for commercial boulevard parking was issued on February 19, 1990 to a former business operator of 1635 Dupont Street for the parking of 1 passenger motor vehicle, positioned parallel to the travelled roadway. The licence was cancelled on April 9, 1992, as the occupant vacated the property.

Conclusions:

Staff cannot issue Mr. Genus a licence for commercial boulevard parking on the Edwin Avenue flankage of 1635 Dupont Street because the poll result was negative.

On hearing the deputations, the Toronto Community Council must decide whether or not to recommend that City Council grant the appeal.

Contact Name and Telephone Number:

Ken McGuire, 392-7564

Manager

SA/sa

Attach

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