April 13, 1999

To:Toronto Community Council

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

Subject:Appeal - Residential Boulevard Parking - 1797 Dufferin Street (Davenport)

Purpose:

To report on a request for an exemption from Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code, to permit residential boulevard parking which does not meet the requirements of the Municipal Code. As this is a request for an exemption from the by-law, 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 request for residential boulevard parking on the Cloverlawn Avenue flank of 1797 Dufferin Street;

OR

(2)City Council approve the request for residential boulevard parking on the Cloverlawn Avenue flank of 1797 Dufferin Street, and such approval be subject to the applicant complying with the criteria set out in § 313-40 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code, including a favourable poll.

Background:

Councillor Disero has asked me to report on a request for residential boulevard parking which does not meet the criteria of the Municipal Code. The department has not received an application for residential boulevard parking for this address.

Comments:

The property is located at the south east corner of Dufferin Street and Cloverlawn Avenue, and is serviced by a double garage accessed from Cloverlawn Avenue. In August 1995, a complaint was received for unauthorized boulevard parking at this location. An application was left for the owner to apply for the boulevard parking privileges in the paved area adjacent to the driveway.

Mr. Sam Pagano, owner of 1797 Dufferin Street, Toronto, Ontario M6E 3N9, contacted the office as a result of the inspection and was advised of the procedures for licensing. He advised that he was contemplating in submitting the application, but no longer parks adjacent to the driveway, as his vehicles park in the double garage and on the driveway fronting the garages. The application was never submitted.

Further complaints were received in 1996 and 1997 that the unauthorized parking was occurring again. Other inspections conducted as a result of these complaints failed to confirm any unauthorized parking.

Consideration for residential boulevard parking is governed by Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code. On July 5, 1996, Chapter 313 of the Municipal Code was amended by By-law No. 1996-0363. The current criteria:

(a)prohibits residential boulevard parking where permit parking is authorized on the street or the property is within an area authorized for permit parking; and

(b)prohibits residential boulevard parking where the property has access to existing parking facilities on the lot or where adequate space for parking can be provided on the lot.

We have investigated the feasibility of residential boulevard parking at this location and we have determined that it does not meet the provisions of Municipal Code Chapter 313, for the following reasons:

1.Permit parking is authorized on both side of Cloverlawn Avenue, within permit parking area 3A; and

2.The property has access to a double garage on the property accessed from Cloverlawn Avenue.

The letter states that the owner requires the parking space for his third vehicle. The owner had the opportunity to get this parking space licensed in 1995 prior to the changes in regulations. He decided to park on the driveway fronting the garages, and to forego licensing the parking space.

Including the parking fronting the garages, the property can accommodate parking for 4 cars. If this additional parking space is licensed, this would effectively provide parking for 5 vehicles (Appendix 'A').

I note that for properties which meet the basic eligibility criteria (i.e. no on-site parking, not in a permit parking area), the application is then reviewed against a set of physical criteria (i.e. clearances from trees, landscaping, etc.). If it meets these physical criteria, a positive response to a public poll is also required before staff may issue a licence. The polling has not been conducted for this property as no application has been received from the owner.

Conclusions:

As the property is situated on a street authorized for permit parking and has access to a double garage on the property, this location is not eligible for residential boulevard parking. In view of the above, this request should be denied by Council.

Contact Name and Telephone Number:

Nino Pellegrini, 392-7778

Manager

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