May 10, 1999

To:Toronto Community Council

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

Subject:Applications for Commercial Boulevard Parking and Boulevard Marketing - Fronting 317Carlton Street and on the Sackville Street Flankage (Don River)

Purpose:

To report on the business owner's applications for commercial boulevard parking and boulevard marketing, together with a request to maintain a 2.4 m high chain link fence. As these matters are of public interest, they are scheduled as deputation items.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendations:

The Toronto Community Council may recommend that:

(1)(a)City Council deny the application for commercial boulevard parking on the Sackville Street flankage of 317 Carlton Street;

OR

(b)City Council approve the application for commercial boulevard parking on the Sackville Street flank of 317 Carlton Street and such approval be subject to the applicant complying with the criteria set out in § 313-42 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code; and

(2)(a)City Council approve the application for boulevard marketing fronting 317 Carlton Street and on the Sackville Street flank, subject to the removal of the chain link fence;

OR

(b)City Council approve the application for boulevard marketing fronting 317 Carlton Street and on the Sackville Street flank and the continued maintenance of the 2.4 m high chain link fence subject to the business operator entering into an encroachment agreement with the City of Toronto and the business operator agreeing to remove the fence from the boulevard upon receipt of 60 days written notice to do so.

Background:

Mr. David Drinkwalter, o/a Wisteria, 317 Carlton Street, Toronto, Ontario M5A 2L8, submitted applications on December 9, 1998 requesting licences for commercial boulevard for the parking of one vehicle positioned parallel to the road and for boulevard marketing fronting 317 Carlton Street and on the Sackville Street flank allowing him to display goods in areas of 11.0 sq. m and 59.6 sq.m., respectively, on the boulevard. In addition, Mr. Drinkwalter is requesting permission to maintain an existing 2.4 m high chain link fence which encloses the proposed marketing area on Sackville Street (Appendix 'A').

Comments:

Application for Commercial Boulevard Parking - Sackville Street Flank of 317 Carlton Street

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 property is situated within an area zoned R3 Z1.0 which is being used as a flower shop. Urban Planning and Development Services have advised that the use of the property for retail use, as a grocery store, is permitted as per a former Committee of Adjustment decision (legal non-conforming use). According to a representative of Urban Development Services, the current use of the property as an antique and flower shop is not permitted in a residential district. In addition, an addition to the property has been constructed without authority.

Section 313-42(F) of the former City of Toronto Municipal Code 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.

Under the circumstances and in accordance with the provisions of the Municipal Code, the property does not qualify for consideration of commercial boulevard parking. However, due to an administrative oversight, the application was deemed to be feasible and a poll of the area residents on Sackville Street was conducted to determine their support.

The Municipal Code requires that in cases where the proposal for commercial boulevard parking meets the criteria and flanks a residential street, a poll is required of owners and residents within 100m of the proposed parking. If the majority of the ballots cast are in favour of the application, the application is approved. If there is a negative response, re-polling for the same purpose may not take place until 2 years have passed from the closing date of the previous poll.

A poll dated March 10, 1999 was conducted on Sackville Street between Nos. 322 to 348 and 361 to 387, including 315 and 317 Carlton Street, to determine neighbourhood support. The results of the poll were as follows:

Polling Summary

Mr. Drinkwalter was advised in writing on April 15, 1999 that given the response to the public poll did not indicate support of his application, a licence could not be granted for commercial boulevard parking. Regrettably, Mr. Drinkwalter should also have been made aware that the location did not qualify for consideration for commercial boulevard parking because of the legal non-conforming status of the property.

Applications for Boulevard Marketing Fronting 317 Carlton Street and on The Sackville Street Flank and Request to Maintain Chain Link Fence - Sackville Street Flank of 317 Carlton Street

We examined Mr. Drinkwalter's request for boulevard marketing fronting 317 Carlton Street and determined that consideration could only be given to a reduced area of 11.0 sq. m, due to the presence of a community notice kiosk and a bench for public use. With respect to the Sackville Street flank of the property, Mr. Drinkwalter's request to occupy 59.6 sq. m. of City boulevard is acceptable.

In accordance with the provisions of the Municipal Code, a licence may be issued to shopkeepers wishing to display merchandise on the sidewalk/boulevard adjacent to their respective businesses provided sufficient sidewalk space remains for unimpeded pedestrian use. The display is to be confined to within the licensed area and displayed upon properly constructed display stands.

Although the Municipal Code is silent as to what times the merchandise must be removed from the boulevard to within the main premises, the intent of the Municipal Code and the practice of the Department is to require shopkeepers to remove their merchandise at times when the business is not in operation. As such, there are no provisions within the Municipal Code to allow for fencing to enclose licensed marketing areas.

While we can appreciate that the business operator may have erected the 2.4 m high chain link fence in response to vandalism, as indicated in Councillor Pam McConnell's letter of March 3, 1999 (Appendix 'B'), there are no provisions within the Municipal Code to allow for the fence to remain. For the information of the Toronto Community Council, there are numerous fences that have been constructed within the City boulevard fronting the residential properties in the vicinity of 317 Carlton Street, the majority of which are constructed of wrought iron. The height of the fences vary in height from approximately 0.91 m to approximately 1.83 m. The existing 2.4 m high chain link fence on the Sackville Street flank of 317 Carlton Street does not adversely impact the street allowance.

We can proceed to issue a boulevard marketing licence fronting 317 Carlton Street and on the Sackville Street flank, once the fence has been removed.

Conclusions:

As the property is being used for a non-permitted use within a residential district, the Municipal Code does not permit commercial boulevard parking. Furthermore, the public poll, although not required, did not indicate support of the application for commercial boulevard parking. Under the circumstances, staff cannot issue Mr. Drinkwalter a licence for commercial boulevard parking.

With respect to Mr. Drinkwalter's request for boulevard marketing, staff can proceed to issue Mr.Drinkwalter a boulevard marketing licence.

On hearing the deputations, the Toronto Community Council must decide whether or not to recommend to City Council to grant the requested commercial boulevard parking and permission to maintain the 2.4 m high chain link fence.

Contact Name and Telephone Number:

Ken McGuire, 392-7564

Manager

KM/km

Attach

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