STAFF REPORT

January 31, 2000

To: Toronto Community Council

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

Subject: Request for an Exemption from Chapter 313 of the Former City of Toronto Municipal Code to Permit Residential Boulevard Parking at 22 Norman Avenue

(Davenport)

Purpose:

To report on a request for an exemption from Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code, to permit residential boulevard parking which does not meet the requirements of the Code. As this is an appeal, 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 residential boulevard parking at 22 Norman Avenue;

OR

(2) City Council approve the application for residential boulevard parking at 22 Norman Avenue, and such approval be subject to the applicant complying with the criteria set out in Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code, including a favourable poll.

Background:

Mr. Adelino Da Silva, owner of 22 Norman Avenue, in his communication dated November 16, 1999 to Toronto Community Council, requested an appeal of the decision to refuse his application for residential boulevard parking at this location.

Comments:

Mr. Adelino Da Silva, owner of 22 Norman Avenue, Toronto, Ontario M6E 1G7, submitted an application on August 25, 1999, for proposed driveway access to park one (1) vehicle on private property at the rear of the premises. The application was reviewed by Urban Development Services, and was subsequently denied as the landscaped open space requirements on private property, as set out in Zoning By-law No. 438-86, of the former City of Toronto, could not be met.

Mr. Da Silva then attended our office in October to submit an application for residential boulevard parking. The applicant was refused at the counter since permit parking is authorized on this portion of Norman Avenue. Mr. Da Silva later submitted an appeal to staff's decision.

This property is located at the north east corner of Norman Avenue and Caledonia Road. The proposed parking area is presently paved in gravel and can accommodate one (1) vehicle.

Consideration for residential boulevard parking is governed by Chapter 313, Streets and Sidewalks, of the Former City of Toronto Municipal Code. The current criteria prohibits residential boulevard parking where permit parking is authorized on the street or that the property is within an area authorized for permit parking. As well, the Code prohibits residential boulevard parking where the property has access to existing parking facilities on the lot or where adequate space for parking can be provided on the lot.

We have investigated the feasibility of residential boulevard parking at this location and determined that it does not meet the provisions of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code, for residential boulevard parking, because permit parking is authorized on both sides of this portion of Norman Avenue.

Notwithstanding that this location is not eligible for residential boulevard parking, it has been determined that this location can meet all other physical criteria of the code. I note that for properties that meet the basic eligibility criteria (i.e., no on-site parking, not in a permit parking area), the application is then reviewed against a set of physical criteria (i.e., clearance from trees, landscaping requirements, etc.). If the location meets these physical requirements, a positive response to a public poll is also required before staff may issue a licence.

The property is within permit parking area 3B, where as of January 12, 2000, a total of 157 permits have been issued against a total of 324 spaces. There is 1 permit issued to the resident of 22 Norman Avenue.

In addition, on this portion of Norman Avenue, there are no licensed locations for either front yard parking, driveway widening or residential boulevard parking.

Conclusions:

As the property is situated on a street authorized for permit parking, this location is not eligible for residential boulevard parking.

Staff cannot issue a residential boulevard-parking permit at this location, as it 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/dpg

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