June 30, 1999

To:Toronto Community Council

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

Subject:Appeal - Driveway Widening - 15 Fulton Avenue (Don River)

 Purpose:

To report on the applicant's appeal of staff's refusal of an application for driveway widening which does not meet the requirements of Municipal Code Chapter 248, Parking Licences, of the former City of Toronto Municipal Code. As this is an appeal, it is scheduled as a deputation item.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

It is recommended that City Council deny the request for an exemption from the by-law to permit driveway widening at 15 Fulton Avenue, as such a request does not comply with Chapter 248 of the former City of Toronto Municipal Code.

Background:

Councillor Jack Layton, in his communication, together with a communication dated February 28, 1999 and March 8, 1998 from Ms. Karen Whitehorn and Mr. David Taylor, owners of 15 Fulton Avenue, requested an appeal to staff's decision to refuse the application for driveway widening at this location.

Comments:

Mr. David Taylor, owner of 15 Fulton Avenue, Toronto, Ontario M4K 1X6, submitted an application on August 30, 1994 to park a vehicle adjacent to the mutual driveway in front of the property.

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)prohibits driveway widening where the property has access to a parking facility on the lot, or where there is adequate space for parking on the lot accessible by means of a public street or lane;

(b)requires that the proposed parking area be paved with semi-permeable material or equivalent permeable paving treatment acceptable to the Commissioner of Works and Emergency Services; and

(c)requires that the new requirements of the former City of Toronto Municipal Code Chapter 331, Trees, are complied with.

Inspection has shown that the property has access to a single garage accessed by means of a 4.3 m wide public laneway. The public laneway was reconstructed in concrete in 1975 and it is in good condition.

The back yard is enclosed by a board fence. There is an area adjacent to the garage that is approximately 6.0 metres wide, which is more than sufficient to provide an additional parking space.

There are 2 small trees in the rear yard, which are less than the 15 cm in diameter. Sections of Chapter 331, Trees, provide protection of private trees over 30 cm in diameter, however there is no protection for trees less than 30 cm in diameter.

There is a large 55 cm diameter City-owned tree fronting the property. The specifications for trees over 50 cm in diameter require that no paving be installed within 2.4 metres from the base of the tree.

The area of the front yard adjacent to the mutual driveway is presently paved in brick pavers. The paving has been installed without obtaining prior approval from this department. The existing paving does not meet the current paving specifications. Inspection shows that the distance from the tree to the concrete walkway is 60 cm and to the brick paving is 1.4 metres.

Based on the lane access to the single garage at the rear of the property, Mr. Taylor was informed that his application was refused in November 1994, in accordance with the requirements at the time of the application.

Notwithstanding the laneway access to a single garage at the rear, and the clearances from the City tree to the proposed parking space at the front, the property would meet the soft landscaping and landscape open space requirements of the former City of Toronto Municipal Code Chapter 248.

  Conclusions:

As the property has access to a single car garage at the rear of the property by means of an improved public laneway and that there is sufficient space adjacent to the garage to accommodate a second vehicle, this location is not eligible for driveway widening. In addition, the parking pad fronting this location does not meet the specification in paving near trees. This request should be denied by Council.

Contact Name and Telephone Number:

Nino Pellegrini, 392-7778

     Manager

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