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 - Mark Street Flankage of 25 Defries Street (Don River)

Purpose:

To report on the applicant's appeal of staff's refusal of an application for commercial boulevard parking on the Mark Street flankage of 25 Defries Street, due to the location having insufficient depth to accommodate a vehicle parallel or right angled to the travelled roadway. As this is a matter 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 Mark Street flankage of 25 Defries Street;

OR

(2)City Council approve the application for commercial boulevard parking on the Mark Street flankage of 25 Defries Street, notwithstanding the location has insufficient depth to accommodate a vehicle parallel or right angled to the travelled roadway, and that such approval be subject to the applicant entering into an agreement and paying the applicable fees as set out in Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code.

Background:

Mr. Lindsay Gillespie, President of Music Manufacturing Services, in his letter of December 10, 1998, has requested an appeal of staff's decision to refuse his application for commercial boulevard parking on the Mark Street flankage of 25 Defries Street.

Comments:

Mr. Lindsay Gillespie, President of Music Manufacturing Services, 25 Defries Street, Toronto, Ontario M5A 3R4, submitted an application on September 29, 1998, requesting a licence for commercial boulevard parking on the Mark Street flankage of 25 Defries Street, for the parking of 6 motor vehicles positioned parallel to the roadway as shown on the attached sketch (Appendix 'A').

There is no sidewalk at this location and there is only 2.66 m from the building wall to the curb. Taking into consideration the 0.91 m "No Parking" zone back of the curb, the 1.75 m of available width of boulevard would be insufficient to accommodate a vehicle positioned parallel or right angled to the travelled roadway without interfering with pedestrian traffic.

Mr. Gillespie was advised in writing on December 7, 1998, that given the lack of available space, the location was not eligible for consideration of commercial boulevard parking privileges.

To assist the Committee with the evaluation of the points raised by Mr. Lindsay Gillespie in his letter of December 10, 1998 (Appendix 'B'), they are summarized below along with staff's response.

Concern #1The exact parking applied for was permitted prior to taking possession of 25 Defries Street. As the previous owner did not post signs, I was unaware that a permit was required

Staff response:A commercial boulevard parking licence was issued in October 1989, to a former occupant of the property, for the parking of 4 passenger motor vehicles positioned parallel to the travelled roadway, notwithstanding that the location did not comply with the criteria of the former City of Toronto Municipal Code Chapter 313, Streets and Sidewalk. In reviewing the file, approval was given based on an executive decision. The licence was cancelled in October 1993, when the Department was notified that the property was vacated.

Concern # 2Mark Street east of Defries Street, the stretch of road that runs parallel to the proposed boulevard parking area (Mark Street flankage), is a dead end street with no through traffic

Staff Response:Mark Street is a short street that extends from River Street easterly to the dead end of Mark Street (Appendix 'C'). If commercial boulevard parking was granted, this would not have a negative impact on the traffic movement on this street.

Concern # 3A commercial neighbour on Mark Street has obtained permits for boulevard parking with the exact setback from the curb as my building

Staff Response:The former City of Toronto Council, at its meeting of February 4 and 6, 1980, approved commercial boulevard parking privileges to H.A. Kidd and Company Limited, fronting 2 Mark Street, for the parking of 8 passenger motor vehicles on the City sidewalk to be positioned parallel to the travelled roadway, notwithstanding that the parking did not comply with Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code (formerly Streets By-law No. 12519). The width of the City sidewalk at this location is approximately 2.46m.

One of the provisions of the Municipal Code is that licences may not be issued for commercial boulevard parking on any portion of the boulevard between the curb and the sidewalk. There are no provisions within the Municipal Code to allow parking on the sidewalk.

Conclusions:

The proposed boulevard parking area is on the Mark Street flankage (south side). This section of the street is a dead end and there is no pedestrian traffic. The parking of vehicles on the boulevard at this location would not impact negatively on the City's right-of-way.

Staff cannot issue Mr. Gillespie a licence for commercial boulevard parking on the Mark Street flankage of 25 Defries Street because the location does not comply with the criteria set out in § 313-42 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code.

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

KM/rc

Attach

(p:\1999\ug\cws\bae\to991017.bae) - rc