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 - 8 and 10 Brock Avenue (High Park)

Purpose:

To report on the applicant's appeal of staff's refusal of an application for commercial boulevard parking fronting 8 and 10 Brock Avenue, because the properties have legal non-conforming use status. In addition, our review has determined that these locations have insufficient depth to accommodate vehicles 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:

That the Toronto Community Council recommend that City Council deny the application for commercial boulevard parking fronting 8 and 10 Brock Avenue.

Background:

Mr. John Colautti, acting on behalf of Mr. Sheldon Fainer, owner of Designer Fabrics, in his letter of December 5, 1998, has requested an appeal of staff's decision to refuse his client's application for commercial boulevard parking fronting 8 and 10 Brock Avenue. Furthermore, Councillor Korwin-Kuczynski, in his communication of December 15, 1998 (Appendix 'A'), has also requested a report on the application for commercial boulevard parking fronting 8 and 10 Brock Avenue.

Comments:

Mr. Sheldon Fainer, owner of Designer Fabrics, 1360 Queen Street West, Toronto, Ontario M6K1C7, submitted an application on October 19, 1998, requesting a licence for commercial boulevard parking fronting 8 and 10 Brock Avenue for the parking of 2 motor vehicles.

Applications for commercial boulevard parking are governed by the criteria set out in § 313-39 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code. One of the provisions of the Municipal Code requires that reference shall be made to the applicable Zoning By-law with respect to a commercial boulevard parking application to ensure the current use is either permitted under the applicable Zoning By-law or as a legal non-conforming use.

The properties are situated within an area zoned R4 Z1.0 which were used as dwelling units. Urban Planning and Development Services have advised that the proposed use of the premises as a retail store and office space are not permitted in a residential zone. However, under Building Permit No. 410479 and Committee of Adjustment decision A723-97, the alteration of the existing dwelling units at 8 and 10 Brock Avenue for use as retail store and office space will be permitted under 1360 Queen Street West address. Alterations to the existing dwelling units at 8 and 10 Brock Avenue have commenced and the work is on-going.

Section 313-42(F) of the former City of Toronto Municipal Code Chapter 313 states that parking on boulevards in residential areas where the property is used for legal non-conforming uses does not apply to any property in an area that is in a residential use district under the applicable Zoning By-law which is not used as a residential property by reason of a legal non-conforming non-residential use.

Accordingly, Mr. Fainer was advised in writing on November 12, 1998, that given the locations do not meet the criteria set out in Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code, the locations were not eligible for consideration of commercial boulevard parking privileges.

In addition, the Municipal Code requires a 0.91 m "No Parking" set back from the back of the City sidewalk. A review of the locations has determined that there is only 4.3 m from the building wall to the back of the City sidewalk. Taking into consideration the 0.91 m "No Parking" zone, the 3.39m of available depth of boulevard would be insufficient to accommodate a vehicle positioned right angled to the roadway. It should also be noted that due to the narrowness of the lots and the physical characteristics of the location (i.e. existing entrances, presence of a 0.7 m diameter City-owned tree fronting 10 Brock Avenue), consideration cannot be given to the parking of vehicles in a parallel fashion.

For the information of the Toronto Community Council, on Appendix 'B', I have shown the frontages of 8 and 10 Brock Avenue, together with the physical limitations of the sites.

As another determining factor is the lack of available space, the locations are not eligible to have boulevard parking privileges. Regrettably, this was not conveyed to Mr. Fainer in our letter dated November 12, 1998.

Conclusions:

Staff cannot issue Mr. Fainer a licence for commercial boulevard parking fronting 8 and 10 Brock Avenue because the use of the properties for retail and office space have legal non-conforming status. Furthermore, there is insufficient space to accommodate vehicles parked parallel to or right angled to the roadway and still meet the criteria set out in 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/km

Attach

(p:\1999\ug\cws\bae/to991022.bae) - ba