Exemption from Chapter 400 of the
Former City of Toronto Municipal Code -
Front Yard Parking - 279 Windermere Avenue
(High Park)
The Toronto Community Council recommends that the application for front
yard parking at 279 Windermere Avenue be approved, 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.
The Toronto Community Council submits the following report
(December 24, 1999) from the Manager, Right of Way Management,
Transportation Services, District 1:
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