August 26, 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 - Arlington Avenue Flankage of 775 St.
Clair Avenue West (Davenport)
Purpose:
To report on an appeal of staff's refusal of an application for commercial boulevard parking on the Arlington Avenue
flankage of 775 St. Clair Avenue West, because of a negative public poll. 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 application for commercial boulevard parking on the Arlington Avenue flankage of 775 St.
Clair Avenue West;
OR
(2) City Council approve the application for commercial boulevard parking on the Arlington Avenue flankage of 775 St.
Clair Avenue West, 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:
Councillor Betty Disero, on behalf of Mr. Rayner Diaz, in her letter dated August 4, 1999 (Appendix 'A'), has requested
an appeal of staff's decision to refuse his application for commercial boulevard parking on the Arlington Avenue flankage
of 775 St. Clair Avenue West.
Comments:
Mr. Rayner Diaz, owner of Pet Way Shop, 775 St. Clair Avenue West, Toronto, Ontario M6C 1B7, submitted an
application on December 16, 1998, requesting a licence for commercial boulevard parking on the Arlington Avenue
flankage of 775 St. Clair Avenue West, for the parking of one motor vehicle positioned parallel to the roadway as shown
on the attached sketch (Appendix 'B').
We have examined this application and have determined that it meets the physical criteria for commercial boulevard
parking as set out in § 313-42 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto
Municipal Code.
As the proposed boulevard parking flanks a residential district, the 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, the application is refused and 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 5, 1999 was conducted on the west side from 66 to 92 Arlington Avenue, including 775 St. Clair
Avenue West, and on the east side from 67 to 95 Arlington Avenue, including 771 St. Clair Avenue West, to determine
neighbourhood support. The results of the poll were as follows:
Polling Summary
Mr. Rayner Diaz was advised in writing on April 19, 1999 that given the response to the public poll did not indicate
neighbourhood support of his application, a licence could not be issued.
Staff cannot issue Mr. Diaz a licence for commercial boulevard parking on the Arlington Avenue flankage of 775 St. Clair
Avenue West because the poll result was negative. I am satisfied that the public poll was conducted properly.
On hearing of deputations, the Toronto Community Council must decide whether or not to recommend that City Council
grant the appeal.
