STAFF REPORT

November 18, 1999

To: Toronto Community Council

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

Subject: Appeal of Denial of Application For Commercial Boulevard Parking - 112 Berkeley Street

(Don River)

Purpose:

To report on the business owner's appeal of staff's refusal of an application for commercial bouelvard parking fronting 112 Berkeley Street, because the location does not comply with the criteria of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code. As this is a request for an exemption from the by-law, it is scheduled as a deputation item.

Financial Implications and Impact Statement:

There are no financial implications resulting from the adoption of this report.

Recommendation:

It is recommended that City Council deny the application for commercial boulevard parking fronting 112 Berkeley Street and I be instructed to install physical barriers to prevent any unauthorized boulevard parking.

Background:

Ms. Carolyn Palazzo, on behalf of Landmark Video Communications, in her letter dated March 19, 1999, has requested an appeal of staffs decision to refuse the application for commercial boulevard parking fronting 112 Berkeley Street.

Comments:

Ms. Katherine Van De Mark, Landmark Video Communications, 112 Berkeley Street, Toronto, Ontario M5A 1G4, submitted an application on December 4, 1998, requesting a licence for commercial boulevard parking fronting 112 Berkeley Street for the parking of one motor vehicle.

Regulations Pertaining to Commercial Parking:

Applications for commercial boulevard parking are governed by the criteria set out in Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code and Zoning By-law No. 438-86. The current lawful use of a property at the time of application determines whether the application is to be processed under 313-40, 313-41 or 313-42.

Details of these sections of the Municipal Code are listed below:

Section 313-40 provides for parking on boulevards in residential areas where the property is used for residential purposes;

Section 313-41 provides for parking on boulevards in industrial or commercial areas where the property is used for industrial or commercial purposes, exclusive of any portion of the street between the curb and sidewalk.

Parking is not permitted in front of the main front wall of a building for any property designated as C1, C1A, C1S, or CR in the applicable Zoning By-law on or after June 1, 1993. However, where a boulevard parking licence was granted on or prior to June 1, 1993, for parking in front of the main front wall of a building designated C1, C1A C1S or CR, the licence may be renewed annually, if the building in respect of which the licence was granted prior to June 1, 1993, has not been demolished.

Section 313-42 provides for parking where the property is being used for non-residential purposes and which property is either located in a residential district or flanks a residential district.

History of 112 Berkeley Street:

The subject property is situated on the south west corner of Berkeley Street and Richmond Street East, within an area zoned RA. The property is currently used as a video communications company and is permitted under RA zone.

There are no provisions within Chapter 313 of the former City of Toronto Municipal Code for processing applications for commercial boulevard parking in RA zones.

In addition, the Municipal Code requires a 0.91 m "No Parking" setback from the back of the City sidewalk. Site inspections of the location have determined that because the property is situated at the corner, together with the physical characteristics of the site, i.e., bay window, entrance steps, City tree, the available boulevard for parking is limited. The boulevard area available on the corner measured from the bay window to the rear edge of the sidewalk measures only 4.6 m. Taking into consideration the 0.91 m "No Parking" zone, the 3.7 m available boulevard would be insufficient to accommodate a vehicle. I have shown the boulevard area fronting 112 Berkeley Street on the attached sketch (Attachment No. 1).

An additional concern is the location of the ramp that would be required to access the proposed parking area. The Municipal Code requires that adequate ramping be provided for access from the travelled portion of the street to any portion of the boulevard upon which commercial boulevard parking is proposed. The proposed ramp to service the parking area would essentially be an extension of the pedestrian ramp at the intersection of Berkeley Street and Richmond Street East and vehicles entering and leaving the proposed parking area would create a potentially hazardous situation.

Investigation showed that vehicles were being driven across the pedestrian ramp to park illegally within the City boulevard fronting 112 Berkeley Street. Attached are copies of photographs of the frontage of 112 Berkeley Street showing the unlawful parking and the vehicle extending onto the pedestrian sidewalk (Attachment No. 2).

Site inspection also showed that the property has two parking spaces on private property.

Ms. Van De Mark was advised in writing on February 26, 1999, that given the lack of available space and the location of the proposed ramp and due to the subject location being located within a RA zone, the property was not eligible for consideration of commercial boulevard parking privileges.

Conclusions:

Staff cannot issue Ms. Van De Mark a licence for commercial boulevard parking fronting 112 Berkeley Street because the property is located in an RA zone and there are no provisions within Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code, for processing applications for commercial boulevard parking in RA zones. Furthermore, there is insufficient space to accommodate a vehicle parallel or right angled to the roadway and still meet the criteria set out in the Municipal Code.

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

Contact:

Fani Lauzon, Supervisor, Off Street Parking

Telephone: 392-7564, Fax: 392-1058, E-mail: flauzon@toronto.ca

Manager

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List of Attachments:

Attachment No. 1 - sketch

Attachment No. 2 - photocopies of photographs