Request for Refund of Payment-In-Lieu of Parking at

2974 Bloor Street West - Dr. M. Henderson

The Etobicoke Community Council recommends the adoption of the following report (May 6, 1998) from the Commissioner of Works, Etobicoke District:

The Etobicoke Community Council reports having requested the Commissioner of Works, Etobicoke District, to determine from the City Solicitor whether Dr. Henderson still has the option of making application to the Committee of Adjustment for a parking variance.

The Etobicoke Community Council submits the following report (May 6, 1998) from the Commissioner of Works, Etobicoke District:

Purpose:

Report on the staff and solicitor=s evaluation of the request made by Dr. Maureen Henderson for a refund of the $10,000.00 payment made in-lieu of the provision of parking, and associated application fee, which was required as a condition for the establishment of a medical office use in a building municipally known as 2974 Boor Street West.

Financial Implications:

Council=s approval of this request will require the refund of a $10,000.00 payment-in-lieu of parking and the $200.00 application fee.

Recommendation:

It is recommended that City Council deny the request.

Background and History:

In June 1997, the applicant, Dr. M. Henderson, applied to the former City of Etobicoke for exemption to the parking provisions of the Etobicoke Zoning Code in order to be permitted to operate medical offices within a retail designated use at 2974 Bloor Street West.

On July 11, 1997, Council for the former City of Etobicoke approved Clause 131 of the Thirteenth Report of the Works and Environment Committee 1997 (Attachment No. 1) thereby granting Dr. Henderson an exemption of five (5) vehicle parking stalls from the requirements of the City of Etobicoke Zoning Code, conditional upon a payment-in-lieu of the parking, of $10,000.00. The payment-in-lieu of parking was paid by certified cheque on July 14, 1997. The applicant signed and submitted the payment-in-lieu of parking agreement the same day (Attachment No. 2). Permits were subsequently issued for Dr. Henderson to proceed with the project.

Comments and Discussion:

Following occupancy of the facilities and a subsequent correspondence to the former City of Etobicoke Council dated October 31, 1997, Dr. Henderson filed an objection to the application of the payment-in-lieu of parking policy at this location and requested a refund of the $10,000.00 payment-in-lieu of parking plus the $200.00 payment-in-lieu of parking application fee (Attachment No. 3). A copy of Dr. Henderson=s correspondence was forwarded to the City Solicitor for review and comment.

In correspondence dated December 1, 1997, the City Solicitor informed Works Department staff that there is no legal requirement for the municipality to provide a refund (Attachment No. 4).

On December 16, 1997, the Director of the Transportation and Engineering Planning Division met with Drs. Maureen and Donald Henderson, at their request. The process and rationale for the City=s payment-in-lieu of parking policy and the higher parking requirements for medical/dental offices was once again reviewed. Notwithstanding, the applicant(s) indicated that they wanted the matter referred to Etobicoke Community Council.

Conclusions:

The City Solicitor advised that staff gave the applicant the choice of obtaining a parking variance from the Committee of Adjustment or applying to City Council for an exemption under the terms and conditions of the city=s payment-in-lieu of parking policy. The applicant chose the latter route, and the City Solicitor has noted that granting a refund would nullify the parking exemption previously granted by City of Etobicoke Council and make the existing use non-conforming. Based on all of the foregoing it is the opinion of staff that it would be inappropriate to refund the cash-in-lieu of parking payment and associated application fee.

Contact Name:

Mr. D. Gulli, Director, -Transportation and Engineering Planning Division

(416) 394-8409; Fax: 394-8942.

(Copies of Attachment Nos. 1-4, referred to in the foregoing report were forwarded to all Members of Council with the agenda of the Etobicoke Community Council meeting of May 6, 1998, and copies thereof are on file in the office of the City Clerk.)

The following persons appeared before the Etobicoke Community Council in connection with the foregoing matter:

-Dr. D. J. Henderson; and

-Dr. M. Henderson.