Commercial Boulevard Parking and
Boulevard Marketing - Fronting 317 Carlton Street
and on Sackville Street Flankage (Don River)
The Toronto Community Council recommends that City Council:
(1)approve the application for commercial boulevard parking on the Sackville Street
flank of 317 Carlton Street, subject to the applicant complying with the criteria set out
in § 313-42 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of
Toronto Municipal Code; and
(2)approve the application for boulevard marketing fronting 317 Carlton Street and
on the Sackville Street flank and the continued maintenance of the 2.4 metres high chain
link fence, subject to the business operator entering into an encroachment agreement
with the City of Toronto and the business operator agreeing to remove the fence from
the boulevard upon receipt of 60 days written notice to do so.
The Toronto Community Council submits the following report (May 10, 1999) from the
Manager of Right of Way Management, Transportation Services, District 1, Works and
Emergency Services:
Purpose:
To report on the business owner's applications for commercial boulevard parking and
boulevard marketing, together with a request to maintain a 2.4 m high chain link fence. As
these matters are of public interest, they are scheduled as deputation items.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendations:
The Toronto Community Council may recommend that:
(1)(a) City Council deny the application for commercial boulevard parking on the
Sackville Street flankage of 317 Carlton Street; or
(b)City Council approve the application for commercial boulevard parking on the Sackville
Street flank of 317 Carlton Street and such approval be subject to the applicant complying
with the criteria set out in § 313-42 of Municipal Code Chapter 313, Streets and Sidewalks, of
the former City of Toronto Municipal Code; and
(2)(a) City Council approve the application for boulevard marketing fronting 317 Carlton
Street and on the Sackville Street flank, subject to the removal of the chain link fence; or
(b)City Council approve the application for boulevard marketing fronting 317 Carlton Street
and on the Sackville Street flank and the continued maintenance of the 2.4 m high chain link
fence subject to the business operator entering into an encroachment agreement with the City
of Toronto and the business operator agreeing to remove the fence from the boulevard upon
receipt of 60 days written notice to do so.
Background:
Mr. David Drinkwalter, o/a Wisteria, 317 Carlton Street, Toronto, Ontario M5A 2L8,
submitted applications on December 9, 1998 requesting licences for commercial boulevard for
the parking of one vehicle positioned parallel to the road and for boulevard marketing fronting
317 Carlton Street and on the Sackville Street flank allowing him to display goods in areas of
11.0 sq. m and 59.6 sq.m., respectively, on the boulevard. In addition, Mr. Drinkwalter is
requesting permission to maintain an existing 2.4 m high chain link fence which encloses the
proposed marketing area on Sackville Street (Appendix A ).
Comments:
Application for Commercial Boulevard Parking - Sackville Street Flank of 317 Carlton Street
Applications for commercial boulevard parking are governed by the criteria set out in §
313-39 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto
Municipal Code.
One of the provisions of the Municipal Code requires that reference shall be made to the
applicable Zoning By-law with respect to a commercial boulevard parking application to
ensure the current use is either permitted under the applicable Zoning By-law or as a legal
non-conforming use.
The property is situated within an area zoned R3 Z1.0 which is being used as a flower shop.
Urban Planning and Development Services have advised that the use of the property for retail
use, as a grocery store, is permitted as per a former Committee of Adjustment decision (legal
non-conforming use). According to a representative of Urban Development Services, the
current use of the property as an antique and flower shop is not permitted in a residential
district. In addition, an addition to the property has been constructed without authority.
Section 313-42(F) of the former City of Toronto Municipal Code states that parking on
boulevards, in residential areas where the property is used for legal non-conforming uses, does
not apply to any property in an area that is in a residential use district under the applicable
Zoning By-law which is not used as a residential property by reason of a legal non-conforming
non-residential use.
Under the circumstances and in accordance with the provisions of the Municipal Code, the
property does not qualify for consideration of commercial boulevard parking. However, due to
an administrative oversight, the application was deemed to be feasible and a poll of the area
residents on Sackville Street was conducted to determine their support.
The Municipal Code requires that in cases where the proposal for commercial boulevard
parking meets the criteria and flanks a residential street, a poll is required of owners and
residents within 100m 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, 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 10, 1999 was conducted on Sackville Street between Nos. 322 to 348 and
361 to 387, including 315 and 317 Carlton Street, to determine neighbourhood support. The
results of the poll were as follows:
Polling Summary
Ballots cast
opposed8
in favour8 |
16 |
No response |
64 |
Returned by post office |
9 |
Total ballots issued |
89 |
Mr. Drinkwalter was advised in writing on April 15, 1999 that given the response to the public
poll did not indicate support of his application, a licence could not be granted for commercial
boulevard parking. Regrettably, Mr. Drinkwalter should also have been made aware that the
location did not qualify for consideration for commercial boulevard parking because of the
legal non-conforming status of the property.
Applications for Boulevard Marketing Fronting 317 Carlton Street and on The Sackville
Street Flank and Request to Maintain Chain Link Fence - Sackville Street Flank of 317
Carlton Street:
We examined Mr. Drinkwalter s request for boulevard marketing fronting 317 Carlton Street
and determined that consideration could only be given to a reduced area of 11.0 square metres,
due to the presence of a community notice kiosk and a bench for public use. With respect to
the Sackville Street flank of the property, Mr. Drinkwalter s request to occupy 59.6 square
metres of City boulevard is acceptable.
In accordance with the provisions of the Municipal Code, a licence may be issued to
shopkeepers wishing to display merchandise on the sidewalk/boulevard adjacent to their
respective businesses provided sufficient sidewalk space remains for unimpeded pedestrian
use. The display is to be confined to within the licensed area and displayed upon properly
constructed display stands.
Although the Municipal Code is silent as to what times the merchandise must be removed
from the boulevard to within the main premises, the intent of the Municipal Code and the
practice of the Department is to require shopkeepers to remove their merchandise at times
when the business is not in operation. As such, there are no provisions within the Municipal
Code to allow for fencing to enclose licensed marketing areas.
While we can appreciate that the business operator may have erected the 2.4 metres high chain
link fence in response to vandalism, as indicated in Councillor Pam McConnell s letter of
March 3, 1999 (Appendix B ), there are no provisions within the Municipal Code to allow for
the fence to remain. For the information of the Toronto Community Council, there are
numerous fences that have been constructed within the City boulevard fronting the residential
properties in the vicinity of 317 Carlton Street, the majority of which are constructed of
wrought iron. The height of the fences vary in height from approximately 0.91 m to
approximately 1.83 m. The existing 2.4 metres high chain link fence on the Sackville Street
flank of 317 Carlton Street does not adversely impact the street allowance.
We can proceed to issue a boulevard marketing licence fronting 317 Carlton Street and on the
Sackville Street flank, once the fence has been removed.
Conclusions:
As the property is being used for a non-permitted use within a residential district, the
Municipal Code does not permit commercial boulevard parking. Furthermore, the public poll,
although not required, did not indicate support of the application for commercial boulevard
parking. Under the circumstances, staff cannot issue Mr. Drinkwalter a licence for commercial
boulevard parking.
With respect to Mr. Drinkwalter s request for boulevard marketing, staff can proceed to issue
Mr.Drinkwalter a boulevard marketing licence.
On hearing the deputations, the Toronto Community Council must decide whether or not to
recommend to City Council to grant the requested commercial boulevard parking and
permission to maintain the 2.4 m high chain link fence.
Contact Name and Telephone Number:
Ken McGuire, 392-7564
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(A copy of Appendix B, referred to in the foregoing report 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 office of the City Clerk).
The Toronto Community Council reports, for the information of Council, having also had
before it during consideration of the foregoing matter, the following communications, and
copies thereof are on file in the office of the City Clerk:
-(May 21, 1999) from Ms. Paula King and Mr. Tim Woolstencroft;
-(Undated) Petition - 11 signatures in support submitted by Wisteria;
-(May 25, 1999) from Mr. Gordon Robinson and Mr. David Grant; and
-(May 26, 1999) from Ms. Stephanie Brooks-Keeley.
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