Appeal - Front Yard Parking - 137 Westminster Avenue
(High Park)
(City Council on December 14, 15 and 16, 1999, deferred consideration
of this Clause to the next regular meeting of City Council to be held on
February 1, 2000.)
_________
(Clause 42 of Report 15 of the Toronto Community Council)
The Toronto Community Council recommends that the application for
front yard parking at 137 Westminster Avenue be denied.
The Toronto Community Council submits the following report
(November 12, 1999) from the Manager, Right of Way Management,
Transportation Services, District 1:
Purpose:
To report on a request for an exemption from Municipal Code Chapter
400, Traffic and Parking, of the former City of Toronto Municipal Code,
to permit front yard parking at 137 Westminster Avenue, 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 front yard parking at 137
Westminster Avenue;
OR
(2) City Council approve the application for front yard parking at 137
Westminster 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. Andrew Kopytynski, owner of 137 Westminster Avenue, has
requested an appeal to 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) limits the number of parking spaces to one; 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. Andrew Kopytynski, owner of 137 Westminster Avenue, Toronto,
Ontario M6R 1N6, attended the office to submit an application for front
yard parking. The applicant was refused at the counter since permit
parking is authorized on the odd side of this portion of Grenadier Road,
and the installation of the ramp to service the proposed parking space
would result in the loss of an on-street permit parking space. For the
Committee's information, the property is within permit parking area 2-,
where as of November 8, 1999, 5725 permits have been issued against
a total of 5850 spaces. In addition, there are 3 permits registered to
residents at 137 Westminster Avenue. Mr. Kopytynski 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 Municipal Code Chapter
90, Polling and Notification Procedures, of the former City of Toronto
Municipal Code. The area polled was on both sides of Westminster
Avenue, from Nos. 123 to 143 on the odd side and between Nos. 112 to
134 on the even side, including No. 270 Roncesvalles Avenue. The
deadline for receiving the ballots was September 7, 1999. The results
of the poll were as follows:
Polling Summary
Ballots cast
Opposed 13
in favour 6 |
19
|
No response |
62 12 |
Returned by post
office |
13 |
Total ballots issued |
94 |
The majority of the ballots cast were opposed to the parking proposal.
Conclusions:
The proposal for front yard parking at this property does not comply with the
requirements of the Municipal Code as follows:
(a) 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 137
Westminster would result in the loss of a permit parking space; and
(b) the formal poll did not determine sufficient neighbourhood support to the
application.
Staff cannot issue Mr. Kopytynski 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
_________
The Toronto Community Council reports, for the information of Council,
having also had before it during consideration of the foregoing matter, a
communication (November 26, 1999) from Mr. Andrew Kopytynski, and a
copy thereof is on file in the office of the City Clerk.
_________
Mr. Andrew Kopytynski, appeared before the Toronto Community Council in
connection with the foregoing matter.
Respectfully submitted,
COUNCILLOR PAM MCCONNELL,
Chair.
Toronto, December 2, 1999.