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May 10, 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 - 186 Strachan Avenue (Convenience Address for 937 Queen Street West) (Trinity-Niagara)

Purpose:

To report on the business owner's appeal of staff's refusal of an application for commercial boulevard parking fronting 186 Strachan Avenue because of a negative public poll. As this matter is of public interest, 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 application for commercial boulevard parking fronting 186 Strachan Avenue;

OR

(2)City Council approve the application for commercial boulevard parking fronting 186 Strachan Avenue, notwithstanding the negative results of the public poll, and that such approval be subject to the applicant complying with the criteria set out in § 313-39 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code.

Background:

Mr. Ted K. Anton, on behalf of Mr. J. A. Martens, in his letter dated April 7, 1999, has requested an appeal of staff's decision to refuse Mr. Martens' application for commercial boulevard parking fronting 186 Strachan Avenue.

Comments:

Mr. J. A. Martens, owner of 1245790 Ontario Inc., o/a Chair Unlimited, 937 Queen Street West, Toronto, Ontario M6J 1G7, submitted an application on June 16, 1998, requesting a licence for commercial boulevard parking fronting 186 Strachan Avenue for the parking of 3 motor vehicles to be positioned right angled to the building.

We have examined Mr. Marten's request and have determined that consideration could only be given to 2 vehicles, as shown on the attached sketch (Appendix 'A'), due to the physical characteristics of the location (i.e. existing entrance, presence of a 0.6 m diameter City-owned tree fronting 186Strachan Avenue).

As the proposed boulevard parking is located within a residential district, the Municipal Code requires a public poll to be conducted of owners and tenants within 100 m 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 July 24, 1998 was conducted on the east side from 152 to 184 Strachan Avenue, including 935 Queen Street West, and on the west side from 161 to 187 Strachan Avenue, including 929 Queen Street West, to determine neighbourhood support. The results of the poll were as follows:

Polling Summary

Ballots cast

opposed6

in favour1

7

No response

82

Returned by post office

32

Total ballots issued

121

Mr. Martens was advised in writing on September 15, 1998 that given the negative response to the public poll did not indicate neighbourhood support of his application, a licence could not be issued.

Furthermore, Mr. Martens was advised that a further application for commercial boulevard parking fronting 186 Strachan Avenue could not be considered for 24 months from the closing day of the poll which was August 24, 1998.

Our records show that a licence for commercial boulevard parking was issued on August 4, 1984 to a former business occupant of 186 Strachan Avenue for the parking of 2 passenger motor vehicles, positioned parallel to the travelled roadway. The licence was cancelled on March 15, 1995 as the occupant vacated the property.

Conclusions:

Staff cannot issue Mr. Martens a licence for commercial boulevard parking fronting 186 Strachan Avenue because the poll result was negative.

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

Contact Name and Telephone Number:

Ken McGuire, 392-7564

Manager

AES/aes

Attach

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