March 16, 1999

To:Toronto Community Council

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

Subject:Application for Commercial Boulevard Parking Privileges - 18 Lower Jarvis Street, Market Street Rear (Downtown)

Purpose:

To report on the business owner's application for commercial boulevard parking privileges and request to install a 1.83 m high chain link fence, 1 metre back of the curb within the City's right-of-way at 18 Lower Jarvis Street, Market Street rear. As this is a matter of public interest, it is scheduled as a deputation item.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendations:

The Toronto Community Council may recommend that:

(1)City Council deny the application for commercial boulevard parking at 18 Lower Jarvis Street, Market Street rear;

OR

(2)City Council approve the application for commercial boulevard parking at 18 Lower Jarvis Street, Market Street rear and such approval be subject to the applicant complying with the criteria set out in §313-41 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code, subject to the following:

(a)that the applicant being approved for the construction of the 1.83 m high chain link fence, 1 m back of the curb at 18 Lower Jarvis Street, Market Street rear;

(b)that the applicant be required to enter into an agreement with the City of Toronto, as prescribed under Chapter 313 of the former City of Toronto Municipal Code;

(c)that access to the proposed boulevard commercial boulevard parking spaces be restricted to the existing ramping facilities;

(d)that the gate be locked at night and on weekends;

(e)that the use of the proposed commercial boulevard parking spaces is restricted to staff and clients and not to the general public; and

(f)that the applicant be required to undertake landscape improvements to the City boulevard on Market Street.

Background:

Ward Councillors are routinely notified of any applications for commercial boulevard parking in their Ward, should they wish to comment on the application. The Councillor(s) may also wish to bring the matter before the Toronto Community Council for further discussion.

Councillor Kyle Rae has identified concerns regarding the ingress and egress of vehicles to the proposed boulevard parking area given that the character of the area has changed considerably to residential use.

Comments:

Mr. Harold Gross, owner of Gross Realty Group, o/a Gross Machinery Group, 18 Lower Jarvis Street, Toronto, Ontario M5E 1N1, submitted an application on October 18, 1998, requesting a licence for commercial boulevard parking at 18 Lower Jarvis Street, Market Street rear.

The application meets the physical criteria for commercial boulevard parking as set out in § 313-39 of the former City of Toronto Municipal Code Chapter 313.

As indicated, Councillor Rae has concerns pertaining to the ingress and egress of vehicles to the proposed boulevard parking area.

In order to address Councillor Rae's concerns, staff met with Messrs. Gross and Franklin in November and December 1998, to review various options to control access to the proposed commercial boulevard parking spots.

Mr. Gross is proposing to relocate an existing 1.83 metre high chain link fence from private property to within the City's right-of-way at Market Street to a point 1 metre back of the curb of Market Street with access to the proposed parking area via existing ramping facilities at the south west corner of Market and Wilton Streets. On Appendix 'A', we have shown the proposed parking spots together with the proposed 1.83 m high chain link fence and existing ramping facilities.

Of note, in reviewing the matter for the relocation of the chain link fence, we have determined that there is an existing 50 mm Consumers gas main which is located approximately 2.2 metres east of the curb line of Market Street. Although Consumers Gas has indicated that they have no objections to the overall proposal, they will not be held responsible for any loss or damage if any repairs to their existing service is required.

For the information of the Toronto Community Council, Gross Machinery abuts the whole of the boulevard of the east side of Market Street from Wilton Street southerly to the dead end and there is no sidewalk on this portion of Market Street (Appendix 'B'). However, if a boulevard parking licence is issued, there will be sufficient sidewalk boulevard space for pedestrians. On the west side of Market Street and opposite the proposed parking area there are a number of large residential complexes. The width of the City sidewalk fronting these locations is approximately 2.7 metres.

Councillor Rae, in his letter of March 3, 1999, has indicated that the boulevard parking proposal and relocation of the chain link fence to within 1 metre of the Market Street curb should be subject to the following conditions:

1.That access to the parking remains via the existing driveway;

2.That the applicant provide improvements to the City boulevard by planting trees along the length of the fence, either above or below ground;

3.That the gate be locked at night and on weekends; and

4.That the parking is available only to staff and clients, not to the general public

The existing gas main located approximately 2.2 metres back of the curb of Market Street may be a conflict with planting of trees. Under the circumstances, should your Committee recommend approval of the commercial boulevard parking application, the applicant must be required to submit detailed landscape proposal for our review and approval.

Conclusions:

The proposed boulevard parking area is on the west side of Market Street. This section of the street is a dead end and is somewhat unsightly. Any improvements to the boulevard would enhance the area. The parking of vehicles on the boulevard and the installation of the fence would not impact negatively on the City's right-of-way.

On hearing of deputations, the Toronto Community Council must decide whether or not to recommend to City Council to grant the requested commercial boulevard parking privileges and the construction of a 1.83 metre high chain link fence.

Contact Name and Telephone Number:

Ken McGuire, 392-7564

Manager

KM

Attach

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