Driveway Widening - 53 Lawrence Avenue West

(North Toronto)

The Toronto Community Council recommends that City Council approve the application for driveway widening for a second parking space at 53Lawrence Avenue West, notwithstanding that it does not comply with Chapter 248 of the former City of Toronto Municipal Code.

The Toronto Community Council submits the following report (May 11, 1999) from the Manager, Right of Way Management, Transportation Services, District 1, Works and Emergency Services:

Purpose:

To report on a request for an exemption from Chapter 248, Parking Licences, of the former City of Toronto Municipal Code, to permit a second parking space. 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:

The Toronto Community Council may recommend that:

(1) City Council deny the request for an exemption from the by-law to permit driveway widening for a second parking space, at 53 Lawrence Avenue West, as such a request does not comply with Chapter 248 of the former City of Toronto Municipal Code; or

(2) City Council approve the application for driveway widening for a second parking space at 53Lawrence Avenue West, notwithstanding that it does not comply with Chapter 248 of the former City of Toronto Municipal Code.

Background:

The Toronto Community Council, at its meeting of April 28, 1999, had before it a communication (April 22, 1999) from Councillor Walker, requesting an exemption, on behalf of the owner, from the Municipal Code, to permit driveway widening for 2 spaces at 53 Lawrence Avenue West.

The Toronto Community Council requested the Commissioner of Works and Emergency Services to report, at its meeting to be held on May 26, 1999 on this matter.

Comments:

The subject property was initially approved for front yard parking for one parking space in January1989. The subsequent owners submitted an application for a second parking space, and were granted approval in February 1995, under the previous more permissive regulations at the time. However, the parking pad was never constructed and the property was not licensed for the second parking space.

On July 5, 1996, Chapter 248 of the Municipal Code was amended by By-law No. 1996-0363. The current driveway widening criteria of the former City of Toronto Municipal Code Chapter 248, limits the number of licensed parking space to one.

Ms. Branislava Sutulov and Mr. Aleksej Sutulov, the current owners of 53 Lawrence Avenue West, Toronto, Ontario M5M 1A3, submitted an application for a single parking space in May 1998. The property is currently licensed for the one parking space.

They subsequently submitted a further application for a second parking space in November 1998, and were refused, as the request for the second parking space was not permitted under the current criteria of the Code.

Given that the Municipal Code does not permit the licensing of 2 parking spaces, approval for a second parking space cannot be granted.

Notwithstanding that the criteria of the Code does not permit the licensing of a second parking space, the submitted proposal was reviewed to determine if it meets the physical criteria of the Code. The submitted proposal shows that the area of the two parking spaces will be paved in Turfstone pavers to a maximum width of 4.48 m. The proposal will meet the physical requirements of the Code, i.e. the minimum landscaped open space, soft landscaping and clearances around trees.

Conclusions:

As the property is already licensed for one parking space, and the property is not eligible for a second parking space, under the criteria set out in Chapter 248, Parking Licences, of the former City of Toronto Municipal Code, the request for a second parking space should be denied by Council.

Contact Name and Telephone Number:

Nino Pellegrini, 392-7778

The Toronto Community Council also submits the communication (April 22, 1999) from Councillor Walker:

Recommendation:

That the Toronto Community Council recommend that the request for driveway widening at 53 Lawrence Avenue West be approved for two spaces from the present one, subject to the applicant entering into an agreement with the City and paying all applicable fees.

On behalf of Mr. and Mrs. Sutulov, I am requesting an exemption to the City of Toronto Municipal Code to permit driveway widening for 2 automobiles. This request is made for the following reasons:

(1)Both Mr. and Mrs. Sutulov run their business out of their home. Each requires their own automobile but there is only one off street parking space. Street permit parking is not available, as Lawrence Avenue West is a four lane arterial road.

(2)Mr. and Mrs. Sutulov mutual drive between the 2 adjacent houses is not wide enough for an automobile to pass through (2.28 metres wide). That is why driveway was approved for one automobile several years ago.

(3)With the rebuilding of their parking area, Mr. and Mrs. Sutulov propose to resurface the parking area with turfstone pavers which allow for drainage, within each paver, thereby increasing the porous area for drainage from the present 42.75% of the front yard to 46.70% of the front yard.

(4)A permit was issued several years ago by City staff for a second driveway widened parking space but the work was not done. In 1996, City policy changed and when Mr. and Mrs. Sutulov requested permission to widen the parking area for two cars, it was refused.

(5)Mr. Aleksej Sutulov's has poor health, and needs his automobile to be productive and there just aren't any other places for the two to park both cars.

Since there is ample room to park a second car on the front of the property, there is no permit parking available on this arterial road and there are numerous reasons listed above that illustrate merit for this application to grant a second off street parking space, I therefore ask the Toronto Community Council to adopt the above-noted recommendation to enable the owners of 53 Lawrence Avenue West to proceed with their application for driveway widening.

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(A copy of the letters, referred to in the foregoing communication was forwarded to all Members of the Toronto Community Council with the agenda for its meeting on May 26, 1999, and a copy thereof is on file in the off ice of the City Clerk).