STAFF REPORT

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 15 Boswell Avenue

(Midtown)

Purpose:

To report on the applicant's appeal of staff's refusal of an application for front yard parking at 15 Boswell 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 15 Boswell Avenue;

OR

(2) City Council approve the application for front yard parking at 15 Boswell Avenue, subject to:

(a) 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;

(b) the applicant removing the paving within 1.6 m of the existing City owned tree;

(c) a formal poll being conducted and that such poll have a favourable result; and

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

Background:

Ms. Sandra Friedman, owner of 15 Boswell 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 street or the property is within an area that is authorized for permit parking;

(b) requires that the parking space be perpendicular to the sidewalk;

(c) requires that the parking area be located no closer than 0.3 m to the rear edge of the sidewalk or to any portion of the building;

(d) requires that in the case where the parking area cannot be located perpendicular to the sidewalk, the entrance to the angled parking area and the vehicle must be no closer than 2.0 m to the rear edge of the sidewalk;

(e) requires that a minimum of 15% of the area on the City boulevard be soft landscaping;

(f) requires that the parking area be paved using semi-permeable paving materials;

(g) requires that the new requirements of the former City of Toronto Municipal Code Chapter 331, Trees, are complied with; and

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

Ms. Sandra Friedman, owner of 15 Boswell Avenue, Toronto, Ontario M5R 1M5, submitted an application for front yard parking in 1993. The application was refused since there was insufficient space to accommodate the parking space and still meet the required clearances of the former Front Yard Parking By-law No. 65-81, at the time of the application. Ms. Friedman has now submitted an appeal to staff's decision.

The property does not meet the above criteria of the current regulations for the following reasons:

(a) the property is located within Permit Parking Area 5E (Midtown);

(b) there is insufficient space to park a vehicle perpendicular to the sidewalk, as the distance from the back of the sidewalk to the front wall of the building is only 4.0 m and the applicant's vehicle is 5.0 m long. This also does not take into account the 0.3 m setback required back of the sidewalk and at the building wall;

(c) there is insufficient space to accommodate an angled parking space and still meet the 2.0 m setback from the sidewalk;

(d) the existing brick paving does not conform to the paving requirements, as it is not semi-permeable as required by the Code;

(e) there is no soft landscaping within the City boulevard; and

(f) the existing paving does not provide the required 1.6 m clearance from the base of the existing tree. City specifications for trees over 10 cm and less than 50 cm require that no paving be permitted within 1.6 m from the base of the tree. Staff have also noted that the proposed parking area extends onto the clearance area required for the tree.

A public poll has not been conducted for this location, as no application has been submitted.

For your Committee's information, permit parking is not authorized on Boswell Avenue, however, the property is within permit parking area 5E, where as of December 24, 1999, 478 permits have been issued, against a total of 529 spaces (10% over-allocation). There are no permits registered at this address.

In addition, on this portion of Boswell Avenue, there are fourteen properties licensed for front yard parking and one property licensed for driveway widening.

Conclusions:

The present configuration of the front yard at 15 Boswell Avenue does not provide sufficient space for either a perpendicular or angle parking space. The existing paved area also does not meet the permeability requirements or provide the required clearance from the City tree. Under the circumstances, this request should be denied by Council.

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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