May 11, 1999

To:Toronto Community Council

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

Subject:Request for an Exemption from Chapter 248 of the Former City of Toronto Municipal Code, to Permit Driveway Widening for a Second Parking Space at 53 Lawrence Avenue West (North Toronto)

Purpose:

To report on a request for an exemption from Chapter 248, Parking Licences, of the former City of Toronto Municipal Code, to permit a second parking space. As this is an appeal and 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 an exemption from the by-law to permit driveway widening for a second parking space, at 53 Lawrence Avenue West, as such a request does not comply with Chapter 248 of the former City of Toronto Municipal Code;

OR

(2)City Council approve the application for driveway widening for a second parking space at 53Lawrence Avenue West, notwithstanding that it does not comply with Chapter 248 of the former City of Toronto Municipal Code.

Background:

The Toronto Community Council, at its meeting of April 28, 1999, had before it a communication (April 22, 1999) from Councillor Walker, requesting an exemption, on behalf of the owner, from the Municipal Code, to permit driveway widening for 2 spaces at 53 Lawrence Avenue West.

The Toronto Community Council requested the Commissioner of Works and Emergency Services to report, at its meeting to be held on May 26, 1999 on this matter.

Comments:

The subject property was initially approved for front yard parking for one parking space in January 1989. The subsequent owners submitted an application for a second parking space, and were granted approval in February 1995, under the previous more permissive regulations at the time. However, the parking pad was never constructed and the property was not licensed for the second parking space.

On July 5, 1996, Chapter 248 of the Municipal Code was amended by By-law No. 1996-0363. The current driveway widening criteria of the former City of Toronto Municipal Code Chapter 248, limits the number of licensed parking space to one.

Ms. Branislava Sutulov and Mr. Aleksej Sutulov, the current owners of 53 Lawrence Avenue West, Toronto, Ontario M5M 1A3, submitted an application for a single parking space in May 1998. The property is currently licensed for the one parking space.

They subsequently submitted a further application for a second parking space in November 1998, and were refused, as the request for the second parking space was not permitted under the current criteria of the Code.

Given that the Municipal Code does not permit the licensing of 2 parking spaces, approval for a second parking space cannot be granted.

Notwithstanding that the criteria of the Code does not permit the licensing of a second parking space, the submitted proposal was reviewed to determine if it meets the physical criteria of the Code. The submitted proposal shows that the area of the two parking spaces will be paved in Turfstone pavers to a maximum width of 4.48 m. The proposal will meet the physical requirements of the Code, i.e. the minimum landscaped open space, soft landscaping and clearances around trees.

Conclusions:

As the property is already licensed for one parking space, and the property is not eligible for a second parking space, under the criteria set out in Chapter 248, Parking Licences, of the former City of Toronto Municipal Code, the request for a second parking space should be denied by Council.

Contact Name and Telephone Number:

Nino Pellegrini, 392-7778

Manager

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