December 24, 1999

To: Toronto Community Council

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

Subject: Request for an Exemption from Chapter 400 of the Former City of Toronto Municipal Code to Permit Front Yard Parking at 227 Pearson Avenue

(High Park)

Purpose:

To report on the applicant's appeal of staff's refusal of an application for front yard parking at 227 Pearson Avenue, which does not meet the requirements of 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.

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 deny the application for front yard parking at 227 Pearson Avenue;

OR

(2) City Council approve the application for front yard parking at 227 Pearson Avenue, subject to:

(a) the maximum area to be paved for parking not to exceed 2.6 m wide by 5.9 m long;

(b) the parking area being paved with semi-permeable paving materials, i.e., ecostone pavers or approved and equivalent permeable paving treatment acceptable to the Commissioner of Works and Emergency Services; and

(c) the applicant paying all applicable fees and complying with all other criteria set out in Municipal Code Chapter 400, Traffic and Parking, of the former City of Toronto Municipal Code.

(1) Background:

Mr. Sean Valentini, owner of 227 Pearson Avenue, has requested an appeal of staff's decision to refuse the application for front yard parking at this location.

Comments:

Front yard parking is governed by the criteria set out in the former City of Toronto Municipal Code Chapter 400, Traffic and Parking. The current criteria of the Code:

(a) prohibits front yard parking where permit parking is authorized on the same side of the street;

(b) prohibits front yard parking where the installation of the ramp to service the proposed front yard parking space would result in the loss of an on-street permit parking space; and

(c) requires that a formal poll be conducted to determine whether there is sufficient neighbourhood support to the application, and such poll has a favourable result.

Mr. Sean Valentini, owner of 227 Pearson Avenue, Toronto, Ontario M6R 1G6, submitted an application for front yard parking. The application was refused since permit parking is authorized on the odd side of this portion of Pearson Avenue, and the installation of the ramp to service the proposed parking space would result in the loss of an on-street permit parking space. Mr. Valentini was informed that the application was refused in our letter dated March 24, 1999, and he subsequently submitted an appeal to staff's decision.

I note that the property meets all other physical criteria of the Municipal Code (i.e., landscaping requirements).

The polling was conducted in accordance with Chapter 90, Polling and Notifications Procedures, of the former City of Toronto Municipal Code. The area polled was on both sides of Pearson Avenue, from Nos. 201 to 235 on the odd side and between Nos. 204 to 236 on the even side, including No. 92 Roncesvalles Avenue. The deadline for receiving the ballots was August 30, 1999. The results of the poll were as follows:

Polling Summary

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

For your Committee's information, the property is within permit parking area 2-, where as of December 24, 1999, 4952 permits have been issued, against a total of 5850 spaces (10% over-allocation). In addition, there is one permit registered at this address.

In addition, on this portion of Pearson Avenue, between Roncesvalles Avenue and Sunnyside Avenue, there is one property licensed for front yard parking, two properties licensed for disabled front yard parking, and one property that is currently being licensed for driveway widening.

Conclusions:

The proposal for front yard parking at this property does not comply with the requirements of the Municipal Code because permit parking is authorized on the same side of the street as the proposed parking pad and the installation of a curb cut to service 227 Pearson Avenue would result in the loss of one on-street parking space.

Staff cannot issue Mr. Sean Valentini a front yard parking permit as the location does not meet the requirements of the Municipal Code.

On hearing of deputations, the Toronto Community Council must decide whether or not to recommend that City Council grant the appeal.

Contact:

Nino Pellegrini, Senior By-law Officer, Off Street Parking

Telephone: 392-7768, Fax: 392-1058, E-mail: npellegr@toronto.ca

Manager

NP

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