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STAFF REPORT

January 31, 2000

To: East York Community Council

From: Manager, Right of Way Management, Transportation Services, District 1

Subject: Request for an Exemption from By-Law No. 122-93 of the Former Borough of East York to Approve a Front Yard Parking Application at 231 Monarch Park Avenue

(East York)

Purpose:

To report on the applicant's appeal of staff's refusal of an application for front yard parking at 231 Monarch Park Avenue, which does not meet the requirements of By-law No. 122-93 of the former Borough of East York. As this is an appeal and a request for an exemption from the by-law, it is scheduled as a deputation item.

Financial Implications and Impact Statement:

There are no financial implications resulting from the adoption of this report.

Recommendation:

It is recommended that:

(1) City Council approve the application for front yard parking at 231 Monarch Park Avenue, subject to the applicant complying with the criteria set out in By-law No. 122-93 of the former Borough of East York;

OR

(2) City Council deny the application for front yard parking which involves the paving in hard surface the entire front yard at 231 Monarch Park Avenue;

OR

(3) City Council approve the application for front yard parking which involves the paving in hard surface the entire front yard at 231 Monarch Park Avenue, notwithstanding that it does not meet the provisions of By-law No. 122-93, subject to:

(a) the applicant installing physical barriers (such as planters of sufficient weight that cannot be easily removed) in order to delineate the parking pad and the private walkway;

(b) parking be approved for one vehicle only; and

(c) the applicant entering into an agreement for the construction and maintenance of the front yard parking pad as provided in By-law No. 122-93 of the former Borough of East York.

Background:

Mr. Toni Schembri, owner of 231 Monarch Park Avenue, has requested an appeal of staff's decision to refuse the application for front yard parking at this location.

Comments:

Mr. Toni Schembri, 231 Monarch Park Avenue, Toronto, Ontario M4J 4S4, submitted an application on May 5, 1999 to park in front of the property.

Front yard parking is currently governed by the criteria set out in By-law No. 122-93 of the former Borough of East York. The current criteria of the by-law stipulates that:

(a) not more than 70% of the front yard shall be covered by the front yard parking pad or any other hard surface area and the remainder of the front yard shall be maintained as landscaped open space; and

(b) the width of the front yard parking pad shall not be less than 1.98 metres and not more than 2.44 metres.

In reviewing the application, it has been determined that the proposal could meet the physical criteria of the by-law. However, because Mr. and Mrs. Schembri are both disabled, they have requested that the whole frontage of 231 Monarch Park Avenue be paved in hard surface for easier access to the house and less maintenance in the front yard. The proposal, therefore, does not meet the physical criteria of the by-law.

Conclusions:

Staff cannot issue a front yard parking permit as requested by the owner of 231 Monarch Park Avenue, which is to pave in hard surface the entire front yard, as it does not meet the requirements of the by-law.

On hearing of deputations, the East York Community Council must decide whether or not to grant the appeal.

Contact:

Scott Laurin, Senior ByLaw Officer, Permits Administration

Telephone: 397-4579, Fax: 397-4582, E-mail: slaurin@toronto.ca

Manager

SL

(p:/2000/ug/cws/bae/ey001001.bae) - sl

 

   
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