August 30, 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, Parking Licences, of the former City of Toronto Municipal Code, to permit driveway widening at 115 Elmer Avenue (East Toronto)

Purpose:

To report on a request for an exemption from Municipal Code Chapter 248, Parking Licences, of the former City of Toronto Municipal Code, to permit driveway widening which does not meet the requirements of the Code. As this is an appeal, it is scheduled as a deputation item.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendations:

(1)City Council deny the request for an exemption from the by-law to permit driveway widening for two vehicles at 115 Elmer Avenue, as such a request does not comply with Chapter 248 of the former City of Toronto Municipal Code;

OR

(2)City Council approve the request for driveway widening for one vehicle, within the limits of the driveway, and one vehicle perpendicular to the driveway, subject to the applicant complying with the criteria set out in Municipal Code, Chapter 248, Parking Licenses, of the former City of Toronto.

Background:

Councillor Tom Jakobek, in his communication dated April 15, 1999, together with a communication dated April 12, 1999 from Ms. Holly Lipsett and Mr. Red Lipsett, owners of 115 Elmer Avenue, Toronto, Ontario M4L 3R6, requested me to report on the feasibility of the applicant's parking proposal for this location.

Comments:

The property has a 2.4 m wide private driveway, which leads to a single car garage at the rear of the property. The driveway is approximately 22 metres long from the back edge of the sidewalk to the front porch and can accommodate parking for 4 vehicles within the limits of the driveway fronting the house, as well as an additional vehicle in the garage. I note, however, that the former City of Toronto Zoning By-law No. 438-86, does not permit parking in front of houses other than for casual use, i.e. loading/unloading or as authorized by the Driveway Widening and Front Yard Parking By-laws.

Driveway widening is currently governed by the criteria set out in Chapter 248 of the former City of Toronto Municipal Code. The current criteria of the Code:

(a)permits the widening of the private driveway to a maximum width of 2.6 metres, as measured from the property line;

(b)limits the number of licensed parking space in the front yard to one; and

(c)requires that the parking space be perpendicular to the sidewalk.

As the driveway is less than 2.6 metres in width, the property qualifies to widen the private driveway to a maximum width of 2.6 metres and can be licensed to park one vehicle within the confines of the private driveway.

The owners are requesting a parking space situated perpendicular to and adjacent to the private driveway, in order to avoid jockeying of the vehicles. In effect they are requesting parking for 2 vehicles fronting the property.

The proposal does not comply with the requirements of the Municipal Code, as follows:

(a)the proposed parking space would be perpendicular to the driveway; and

(b)there would be two parking spaces rather than the one space permitted at the front.

I note that there has been no application submitted to this department for the licensing of the parking space.

Notwithstanding that the criteria of the Code does not permit the licensing of two parking spaces, the property does meet the other physical requirements of the Municipal Code, (i.e. landscaping requirements).

Conclusions:

The proposal meets the criteria of the Code for the widening of the driveway to 2.6 m and the parking of one vehicle within the limits of the driveway. The Code, however, does not permit the parking of two vehicles and therefore, this request should be denied.

Contact Name and Telephone Number:

Nino Pellegrini, 392-7768

Manager

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