City Boulevard Adjoining Premises No.

53 Nanton Avenue (Midtown)

The Toronto Community Council recommends that:

(1)the concrete and rock boulevard at 53 Nanton Avenue be removed;

(2)given the Works and Emergency Services Department's boulevard improvement program is geared to solving problem areas, the Ward Councillors be notified of any such chronic problem areas and any requests for boulevard improvement; and

The Toronto Community Council reports, for the information of Council, having requested Commissioner of Works and Emergency Services to report directly to Council on:

(1)the feasibility of planting trees on the boulevard at 53 Nanton Avenue; and

(2)whether the abutting home owner would consider planting a low hedge.

The Toronto Community Council submits the following report (July 6, 1999) from the Director of Transportation Services, District 1, Works and Emergency Services:

Purpose:

To respond to a Toronto Community Council request to report on the circumstances respecting the installation of a concrete treatment on a portion of the boulevard adjoining Premises No. 53 Nanton Avenue, this treatment's conformity to City Council's guidelines considering open and green space and landscaping, notification requirements concerning such boulevard projects, and lastly, to report on the advisability of installing a City Sidewalk in the area.

Funding Sources, Financial Implications and Impact Statement:

N/A.

Recommendation:

That the Toronto Community Council direct staff regarding the disposition of the concrete and rock boulevard treatment at Premises No. 53 Nanton Avenue, based on the options set out in the text of this report.

Background:

The Toronto Community Council, at its meeting of June 22, 1999, in considering a communication from Councillor John Adams of the same date requested Works and Emergency Services staff to report on (Clause No. 49(l) of Report No. 9 of the Toronto Community Council):

(1)The circumstances surrounding the rock and concrete treatment authorized by staff on the City boulevard at 53 Nanton Avenue flanking Castle Frank Road, and advise on how this treatment conforms with the City's policy on landscaping, open and green space, and why notice was not given to the Ward Councillors as is the practice when a request is made by a property owner to change or use the City boulevard, or portion thereof, for their own purposes, and/or benefit; and

(2)The advisability of installing a City sidewalk in the area.

Comments:

Staff of Works and Emergency Services were approached by the owner of Premises No. 53 Nanton Avenue with concerns about the condition of a portion of the grassed City boulevard adjoining her property and more particularly her ability to maintain this area on an ongoing basis. The property is located at the southeast corner of Nanton Avenue and Castle Frank Avenue. A sidewalk extends along the Castle Frank Avenue flankage, but terminates at the corner and does not extend to the

Nanton Avenue frontage. This fronting boulevard is sod right up to the curb. Upon investigation staff determined that due to the corner location and termination of the sidewalk there is a tendency by pedestrians to "cut the corner". Signs of dog fouling, etc., were evident. Accordingly, the concern expressed by the resident had some merit.

Under long standing City policy the responsibility for the maintenance, repair and/or improvement of boulevards rests with the abutting property owner. However, limited funds are authorized by City Council to carry out improvements to boulevards on a request basis that are subject to chronic pedestrian, vehicular or other forms of physical abuse, beyond the reasonable capability of the abutting property owners to undertake repeated restoration. This programme has been in place since the early 1970's. In the earlier years, more significant funding was allocated, however, over the past several years this has been cut back ($10,000.00 in 1999) allowing a few locations each year to be tended to.

Since the subject boulevard falls into this category and accordingly, for reasons of economy and permanently improving the condition of this boulevard over the long term, various low maintenance treatments, including concrete or paver surfaces, or fencing were discussed with the home owner. In the end, the resident firmly held the view that a concrete surface, enhanced with the placement of decorative rocks in the surface was the desirable treatment. The resident paid the incremental cost for the enhancement. The total area paved at the corner of the boulevard, behind the sidewalk is about 32 square meters, which is a small proportion of the remaining sod boulevard and lawn.

Given the nature of the problems that this boulevard programme is geared toward solving (i.e. areas subject to chronic abuse) and the relatively small areas involved, there is no contravention of City open or green space policies. Of course, it is desirable to maintain as much soft landscape space as possible, however, in these instances keeping the areas in acceptable repair can be very difficult. As well, because of the minor extent of these jobs, there is no requirement nor usually is there a need for formal notification. While the vast majority of such work over the years has generated no outside interest or concern, unfortunately in this particular case other area residents have indicated that they strongly object to the treatment.

At this time, the abutting homeowner is satisfied with the work, while others in the area are equally adamant that the treatment should be removed. During the initial discussions with the homeowner, fencing the area with a low fence was suggested, but not accepted. The following provides a number of options that may be considered:

(i)leave the concrete and rock boulevard treatment as is;

(ii)remove the paved boulevard, refund the resident's contribution and restore the sod. Under this option, the boulevard would be susceptible to the previous problems, although the homeowner would have the option of applying to the City to install a low fence; or

(iii)remove the concrete and rock boulevard, refund the resident's contribution and replace with a different hard surface treatment (i.e. unit pavers, concrete).

With respect to extending the sidewalk along Nanton Avenue, there has been insufficient time to evaluate this measure. Staff will communicate with the Ward Councillors on completion of our review.

Contact Name and Telephone Number:

John Chivers-Wilson, Programmes Assistant

Infrastructure Asset Management and Programming

Transportation Services Division

392-7711