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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 279 Windermere Avenue
(High Park)
Purpose:
To report on the applicant's appeal of staff's refusal of an application for front yard parking at 279 Windermere 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 279 Windermere Avenue;
OR
(2) City Council approve the application for front yard parking at 279 Windermere 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.
Background:
Mr. Eddie Oshust, owner of 279 Windermere 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 for the
application, and that such poll has a favourable result.
Mr. Eddie Oshust, owner of 279 Windermere Avenue, Toronto, Ontario M6S 3K4, requested that the parking fronting this
location be licensed. This request was refused since permit parking is authorized on the odd side of this portion of
Windermere 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. Oshust 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 Windermere Avenue, from Nos. 253 to 305 on the odd side
and between Nos. 278 to 292 on the even side. The deadline for receiving the ballots was October 28, 1999. The results of
the poll were as follows:
Polling Summary
| Ballots cast
Opposed 0
in favour 17 |
17
|
| No response |
67 12 |
| Returned by post office |
0 |
| Total ballots issued |
84 |
The majority of the ballots cast were in favour of the parking proposal.
For your Committee's information, the property is on a street authorized for permit parking on a street name basis, where as
of December 24, 1999, 19 permits have been issued, against a total of 157 spaces. There are no permits registered at this
address.
In addition, on this portion of Windermere Avenue, within the polling limits outlined above, there are two properties
licensed for front yard parking and five properties 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 279 Windermere Avenue would result in the loss of one on-street parking space.
Staff cannot issue Mr. Eddie Oshust 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:
Joe Sousa, By-law Officer, Off Street Parking
Telephone: 392-7768, Fax: 392-1058, E-mail: jsousa@toronto.ca
Manager
JS
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