Appeal - Front Yard Parking - 27 Foxbar Road (Midtown)

The Toronto Community Council recommends that City Council:

(1)waive the requirement for a poll respecting the appeal for front yard parking at 27 Foxbar Road; and

(2)approve the request for an exemption from the by-law to permit front yard parking at 27 Foxbar Road, subject to the applicant paying the fees prescribed by the former City of Toronto Municipal Code, and the applicant agreeing to pay the City the cost of planting a shade tree on municipal property in the neighbourhood.

The Toronto Community Council submits the following report (March 15, 1999) from the Manager, Right of Way Management, District, Transportation Services, Works and Emergency Services:

Purpose:

To report on the applicant's appeal of staff's refusal of an application for front yard parking at 27 Foxbar Road, which does not meet the requirements of Municipal Code Chapter 400, Traffic and Parking, of the former City of Toronto Municipal Code. As this is an appeal and 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:

(1) That City Council deny the request for an exemption from the by-law to permit front yard parking at 27 Foxbar Road, as such a request does not comply with Chapter 400 of the former City of Toronto Municipal Code; OR

(2) That, should the Toronto Community Council consider this proposal, this report be deferred to the May 26, 1999 meeting of the Toronto Community Council, and the Commissioner of Works and Emergency Services be requested to report at that time on the results of a poll for the hearing of deputations.

Background:

Councillor John Adams, in his communication of January 26, 1999, together with a communication dated January 11, 1999 from Ms. Kimberley Moldaver and Mr. Adam Carr, owners of 27 Foxbar Road, requested an appeal to staff's decision to refuse the application for front yard parking at this location, and requested me to report to the Toronto Community Council.

Similarly, Councillor Ila Bossons, in her communication of January 22, 1999, together with the same communication dated January 11, 1999 from the owners of 27 Foxbar Road, requested that their appeal be placed on the agenda of the March 30, 1999 meeting of Toronto Community Council.

Comments:

City Council, at its meeting of October 28, 29 and 30, 1998, approved a number of amendments to former City of Toronto Municipal Code Chapter 400, governing front yard parking. However, Ward 23, Midtown, was deferred back to Toronto Community Council for further consideration and the hearing of deputations.

Under the circumstances, the regulations, in part, governing front yard parking as existed prior to October 1998, are still in effect in Ward 23, Midtown. Specifically, the current criteria for the Midtown Ward prohibits front yard parking where permit parking is authorized on the street or the property is within an area authorized for permit parking.

Ms. Kimberley Moldaver and Mr. Adam Carr, owners of 27 Foxbar Road, Toronto, Ontario M4V 2G5, submitted an application for front yard parking on November 5, 1998. The application was refused since permit parking is authorized on the even side of this portion of Foxbar Road.

Given that the property is situated on a street authorized for permit parking, no public poll was conducted for this location.

Conclusions:

As the property is situated on a street authorized for permit parking, this location is not eligible for front yard parking as it does not meet the front yard parking regulations as it pertains to Ward 23, Midtown.

For the Committee's information, the location was also reviewed under the new regulations of front yard parking as it pertains to some of the former City of Toronto Wards and the property does meet the new regulations because permit parking is not authorized on the same side of the street.

Under the circumstances, this request should be denied by Council.

Contact Name and Telephone Number:

Nino Pellegrini, 392-7778

The Committee also submits the communication (February 15, 1999) from the City Forester, Economic Development, Culture & Tourism, addressed to Councillor Bossons:

Thank you for your January 22, 1999, letter regarding front yard parking at 27 Foxbar Road. The property was inspected by staff from our Department who advise that a small diameter tree located on private property may be impacted by the proposed front yard parking.

The tree in question is less than thirty centimetres in diameter and does not qualify for protection under Article III, Chapter 331 of the City of Toronto Municipal Code. A permit is not required to injure or destroy the tree in question.

Any proposed front yard parking should include adequate growing space for tree planting.

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The Toronto Community Council reports, for the information of Council, having also had before it during consideration of the foregoing matter, the communication (Undated) from Ms. Kimberley Moldaver and Mr. Adam Carr, the applicants, and a copy thereof is on file in the office of the City Clerk.

The following persons appeared before the Toronto Community Council in connection with the foregoing matter:

-Kimberley Moldaver, Toronto, Ontario; and

-Mr. Adam Carr, Toronto, Ontario.