Appeal - Commercial Boulevard Parking -
Arlington Avenue Flankage of 775 St. Clair Avenue West
(Davenport)
The Toronto Community Council recommends that City Council deny the application for commercial boulevard
parking on the Arlington Avenue flankage of 775 St. Clair Avenue West.
The Toronto Community Council submits the following report (August 26, 1999) from the Manager, Right of Way
Management, Transportation Services, District 1, Works and Emergency Services:
Purpose:
To report on an appeal of staff's refusal of an application for commercial boulevard parking on the Arlington Avenue
flankage of 775 St. Clair Avenue West, because of a negative public poll. As this is 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 application for commercial boulevard parking on the Arlington Avenue flankage of 775 St.
Clair Avenue West;
OR
(2) City Council approve the application for commercial boulevard parking on the Arlington Avenue flankage of 775 St.
Clair Avenue West, notwithstanding the negative results of the public poll, and that such approval be subject to the
applicant complying with the criteria set out in § 313-39 of Municipal Code Chapter 313, Streets and Sidewalks, of the
former City of Toronto Municipal Code.
Background:
Councillor Betty Disero, on behalf of Mr. Rayner Diaz, in her letter dated August 4, 1999 (Appendix 'A'), has requested
an appeal of staff's decision to refuse his application for commercial boulevard parking on the Arlington Avenue flankage
of 775 St. Clair Avenue West.
Comments:
Mr. Rayner Diaz, owner of Pet Way Shop, 775 St. Clair Avenue West, Toronto, Ontario M6C 1B7, submitted an
application on December 16, 1998, requesting a licence for commercial boulevard parking on the Arlington Avenue
flankage of 775 St. Clair Avenue West, for the parking of one motor vehicle positioned parallel to the roadway as shown
on the attached sketch (Appendix 'B').
We have examined this application and have determined that it meets the physical criteria for commercial boulevard
parking as set out in § 313-42 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto
Municipal Code.
As the proposed boulevard parking flanks a residential district, the Code requires a public poll to be conducted of owners
and tenants within 100 m 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, the application is refused and 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 5, 1999 was conducted on the west side from 66 to 92 Arlington Avenue, including 775 St. Clair
Avenue West, and on the east side from 67 to 95 Arlington Avenue, including 771 St. Clair Avenue West, to determine
neighbourhood support. The results of the poll were as follows:
Polling Summary
Ballots cast
opposed6
in favour1 |
7 |
No response |
78 |
Returned by post office |
6 |
Total ballots issued |
91 |
Mr. Rayner Diaz was advised in writing on April 19, 1999 that given the response to the public poll did not indicate
neighbourhood support of his application, a licence could not be issued.
Conclusions:
Staff cannot issue Mr. Diaz a licence for commercial boulevard parking on the Arlington Avenue flankage of 775 St. Clair
Avenue West because the poll result was negative. I am satisfied that the public poll was conducted properly.
On hearing of deputations, the Toronto Community Council must decide whether or not to recommend that City Council
grant the appeal.
Contact Name and Telephone Number:
Fani Lauzon, 392-7564
The Toronto Community Council also submits the following report (September 13, 1999) from the Manager, Right
of Way Management, Transportation Services, District 1, Works and Emergency Services:
Purpose:
To provide additional information on the commercial boulevard parking at Arlington Avenue flank of 775 St. Clair Avenue
West.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendation:
That this report be received for information.
Background:
Your Committee, at it's meeting of September 14 and 15, 1999, will have before it my report dated August 26, 1999
regarding an appeal of staff's decision to refuse an application for commercial boulevard parking on the Arlington Avenue
flank of 775 St. Clair Avenue West.
Comments:
For the Committee's information, the boulevard abutting this property was previously licensed to the previous tenant, for 2
vehicles in 1993. The premises was vacated in December 1997, and the file was closed at the time. The boulevard parking
signs were removed in February 1998.
Conclusions:
On the hearing of deputations, the Toronto Community Council must decide whether or not to recommend that City
Council grant the appeal.
Contact Name and Telephone Number:
Fani Lauzon, 392-7564
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(A copy of Appendix A referred to in the foregoing report was forwarded to all Members of the Toronto Community
Council with the agenda for its meeting on September 14, 1999, and a copy thereof is on file in the office of the City
Clerk).
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