Works and Emergency Services

City Hall

23rd Floor, East Tower

100 Queen Street West

Toronto, Ontario

Canada M5H 2N2

January 29, 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 - 373 Front Street East (Don River)

Purpose:

To report on the business owner's appeal of staff's refusal of an application for commercial boulevard parking fronting 373 Front Street East, because the location does not comply with the criteria of the Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code. As this is a request for an exemption from the by-law, it should be 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 373 Front Street East.

Background:

Mr. A Neil Craik, solicitor for Grosso-Jacobson Production Inc., in his letter of September 10, 1998, has requested an appeal of staff's decision to refuse his client's application for commercial boulevard parking fronting 373 Front Street East.

Comments:

Ms. Lisa Parasyn, on behalf of 1037300 Ontario Inc., o/a Grosso-Jacobson Production Inc., 373 Front Street East, Toronto, Ontario M5A 1G4, submitted an application requesting a licence for commercial boulevard parking privileges fronting 373 Front Street East for the parking of 10 motor vehicles within the outer boulevard positioned parallel to the roadway as shown on the attached sketch (Appendix 'A').

Regulations Pertaining to Commercial Boulevard Parking

Applications for commercial boulevard parking are governed by the criteria set out in Municipal Code Chapter 313, Streets and Sidewalks, and Zoning By-law No. 438-86, of the former City of Toronto Municipal Code. The current lawful use of a property at the time of application determines whether the application is to be processed under § 313-40, § 313-41 or § 313-42.

Details of these Sections of the Municipal Code are listed below

Section 313-40provides for parking on boulevards in residential areas where the property is used for residential purposes;

Section 313-41provides for parking on boulevards in industrial or commercial areas where the property is used for industrial or commercial purposes, exclusive of any portion of the street between the curb and sidewalk.

Parking is not permitted in front of the main front wall of a building for any property designated as C1, C1A, C1S, or CR in the applicable zoning by-law on or after June 1, 1993. However, where a boulevard parking licence was granted on or prior to June 1, 1993, for parking in front of the main front wall of a building designated C1, C1A C1S or CR, the licence may be renewed annually, if the building in respect of which the licence was granted prior to June 1, 1993, has not been demolished.

Section 313-42provides for parking where the property is being used for non-residential purposes and which property is either located in a residential district or flanks a residential district.

History of the Area where the property is located

The subject property is situated on the south side of Front Street East, between Cherry and Trinity Streets, within an area zoned RA(h), West Don Lands, within the former Ataratiri site. The property is currently used as a film production company and it is permitted under RA(h) zone.

For the information of the Toronto Community Council, the Province cancelled the Ataratiri project in early 1992. The cancellation left a number of planning issues such as the provision of flood protection, soil remediation, and the provision of hard and soft infrastructure unresolved. As a result, there was a need to create a new relevant planning context for the site. In April 1996, the former City of Toronto Council passed new planning regulations for the former Ataratiri area, now commonly known as the West Don Lands. The thrust of the new planning regulations are to encourage short term leasing of existing buildings for light industrial uses to make the site more marketable for sale for redevelopment. However, in the medium term the intent of the planning regulations encourage comprehensive and co-ordinated redevelopment of the area for a wide variety of mixed uses in order to revitalize the area. Resolution of the outstanding planning issues listed above, will occur within that context.

The Province, which now owns the West Don Lands, undertook a major proposal call for its redevelopment. Although it generated significant interest the Province was unable to complete a sale of the site. Since that time the Province has pursued an incremental strategy of leasing lands and buildings in many cases, the leases have been for auto related uses, and at least one of the major leases is long term. The auto related uses which have proliferated on the site do not enhance the image of the area, encourage the area's redevelopment or further the long term planning objectives for the area.

History of 373 Front Street East

In 1984, an application was submitted by Giftcraft Limited for the parking of 9 motor vehicles on the boulevard adjacent to 373 Front Street East. The proposed parking area was to be on the outer paved boulevard. The outer asphalt/concrete boulevard, measures approximately 2.4 m in width, the City sidewalk measures 1.5 m in width and the inner asphalt/concrete boulevard measures 0.8 m in width (Appendix 'A'). Given that there was insufficient space to accommodate vehicles in the inner boulevard, and parking on the outer boulevard would impede pedestrian and vehicular traffic, the application was denied.

In a report dated December 3, 1984 entitled "Assistance to Industry - Giftcraft Limited" to the former City Services Committee of the former City of Toronto, the Chairman of the South East Area Industrial Co-ordinating Committee requested approval of boulevard parking at the subject location.

The former City of Toronto approved the application for boulevard parking, notwithstanding that the location did not meet the physical criteria of the by-law and a permit was issued to Giftcraft Limited in April 1985 for the parking of 9 vehicles.

Subsequently, the licence was cancelled in July 1990, when the property vacated.

Conclusions:

Staff cannot issue Ms. Parasyn a licence for commercial boulevard parking fronting 373 Front Street East because the property is located in an RA(h) zone and there are no provisions within Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code.

In addition, in consultation with the Urban Planning and Development Services, I have been informed that the legalization of boulevard parking within the West Don Lands runs counter to the planning objectives for the West Don Lands and it should be discouraged.

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

Contact Name and Telephone Number:

Ken McGuire, 392-7564

Manager

KM

Attach

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