Appeal - Front Yard Parking - 174 Madison Avenue

(Midtown)

The Toronto Community Council recommends that City Council approve the application for front yard parking at 174 Madison Avenue, subject to the applicant:

(a)complying with the criteria set out in Chapter 400, Traffic and Parking, of the former City of Toronto Municipal Code;

(b)agreeing to pay the cost of planting a shade tree on the municipal right-of-way in the neighbourhood; and

(c)installing only 2 "tire" tracks of ecostone with no gravel sub-base, such that excavation is limited to three inches in depth.

The Toronto Community Council submits the following report (March 15, 1999) from the Manager, Right of Way Management, Transportation Services, District 1, Works and Emergency Services:

Purpose:

To report on the applicant's appeal of staff's refusal of an application for front yard parking at 174 Madison Avenue, 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 174 Madison Avenue, 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:

Ms. Maya Zimmerman-Litman and Mr. Mel Litman, owners of 174 Madison Avenue, have requested an appeal to staff's decision to refuse the application for front yard parking at this location.

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. Maya Zimmerman-Litman, co-owner of 174 Madison Avenue, Toronto, Ontario M5R 2S5, submitted an application for front yard parking on November 13, 1998. The application was refused since permit parking is authorized on the odd side of this portion of Madison Avenue within permit parking area 5D.

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 Toronto Community Council also submits the following report (May 14, 1999) from the Manager of Right of Way Management, Transportation Services, District 1, Works and Emergency Services:

Purpose:

To report the results of the poll conducted in connection with front yard parking at 174 Madison Avenue.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

That Toronto Community Council may recommend that City Council approve the application for front yard parking and that such approval be subject to the applicant complying with the criteria set out in Municipal Code Chapter 400, Traffic and Parking, of the former City of Toronto Municipal Code.

Background:

The Toronto Community Council, at its meeting of March 30, 1999, had before my report dated March 15, 1999, respecting an Appeal - Front Yard Parking - 174 Madison Avenue.

The Toronto Community Council deferred consideration of the report until its meeting to be held on May 26, 1999, for deputations, and requested the Commissioner of Works and Emergency Services to report at that time on the results of the poll.

Comments:

Ms. Maya Zimmerman-Litman, co-owner of 174 Madison Avenue, Toronto, Ontario M5R 2S5, submitted an application for front yard parking on November 13, 1998. The application was refused as the proposal did not meet the current criteria of the Municipal Code. The refusal was appealed to the Toronto Community Council, which requested that the formal poll be conducted.

The polling was conducted in accordance with Municipal Code Chapter 90, Polling and Notifications Procedures, of the former City of Toronto Municipal Code. The area polled was on both sides of Madison Avenue, from Nos. 179 to 215 on the odd side and between Nos. 150 to 184 on the even side. The deadline for receiving the ballots was May 13, 1999. The results of the poll were as follows:

Polling Summary

The majority of the ballots cast were in favour of the parking proposal.

Conclusions:

As the polling results were in favour of front yard parking at this location, it is recommended that it be approved.

Contact Name and Telephone Number:

Nino Pellegrini, 392-7778

The Toronto Community Council also submits the following report (June 4, 1999) from the Commissioner of Economic Development, Culture and Tourism:

Purpose:

At its meeting on May 26, 1999 Toronto Community Council considered an application from Ms. Maya Zimmerman-Litman and Mr. Mel Litman for Front Yard Parking at 174 Madison Avenue. Toronto Community Council deferred the application to its next meeting on June 22, 1999 and requested that the Urban Forestry Section review the application for front yard parking at 174Madison Avenue as it pertains to the City-owned tree at that property.

Recommendations:

It is recommended that the Specifications for Construction Near Trees, as set by the Urban Forestry Section for the former City of Toronto, regarding tree protection be adhered to until the harmonization of the tree protection by-law .

Background:

The tree in question is a ninety-one centimetre Silver Maple in fair to good condition, valued at $5883.65.

Applications for Front Yard Parking are submitted to the Works and Emergency Services Department for their review. If the application meets the Urban Forestry Section's Specifications for Construction Near Trees, the application is accepted as it pertains to City-owned trees. The Specifications for trees greater than 50 centimetres in diameter require that: "No grade change or impermeable surface treatment is permitted within 4 metres of the base of the tree. Permeable surface treatment such as gravel, chipped brick, turf stone or ecostone is permitted up to 2.4 metres of the tree base. Excavation between 2.4 metres and 4 metres must be hand dug and roots must not be cut." If the application does not meet the Specifications, it is denied.

Conclusion:

The front yard parking application submitted by the owners of 174 Madison Avenue meets the Urban Forestry Section's Specifications for Construction Near Trees which have been designed to minimize the potential injury to trees caused by shared uses on City boulevards. The proposal includes the use of an eco-stone treatment, which will allow grass to grow through holes in the surface treatment. This will allow for the exchange of oxygen, nutrients and water, which the tree needs.

In order to further reduce the impact of the front yard parking area on the tree, the applicant may wish to consider utilizing the smallest possible area, such as creating only strips on which the tires could drive or by simply placing crushed stone, chipped brick or gravel at grade with no removal of topsoil.

Contact:

Vicky Jeffery

392-7390

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The Toronto Community Council 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 20, 1999) from Yik Tse;

-(May 25, 1999) from Mr. Peter Rozee and Ms. Francesca Patterson;

-(June 21, 1999) from Mr. Peter Rozee; and

-(June 21, 1999) from Woon Ting, Joyce, Ann and Sue Chan.

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

-Ms. Maya Litman, Toronto, Ontario;

-Mr. Mel Litman, Toronto, Ontario; and

-Mr. Peter Rozee, Toronto, Ontario.