Commercial Boulevard Parking Appeal -
Gladstone Avenue flankage of 1137 Dupont Street (Davenport)
The Toronto Community Council recommends that City Council approve the application for commercial
boulevard parking on the Gladstone Avenue flankage of 1137 Dupont Street, notwithstanding the negative
result of the public poll, and that such approval be subject to the applicant complying with the criteria set
out in § 313-39 of Municipal Code Chapter 313, Streets and Sidewalks.
The Toronto Community Council submits the following report (April 22, 1998) from the Director, By-law
Administration and Enforcement, City Works Services:
Purpose:
To report on the business owner's appeal of staff's refusal of an application for commercial boulevard parking on
the Gladstone Avenue flankage of 1137 Dupont Street, because of a negative public poll. As this is a matter of
public interest, it is scheduled as a deputation item.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendation:
The Toronto Community Council may recommend that:
(1) City Council approve the application for commercial boulevard parking on the Gladstone Avenue flankage of
1137 Dupont Street, notwithstanding the negative result of the public poll, and that such approval be subject to the
applicant complying with the criteria set out in § 313-39 of Municipal Code Chapter 313, Streets and Sidewalks;
OR
(2) City Council deny the application for commercial boulevard parking on the Gladstone Avenue flankage of 1137
Dupont Street.
Background:
Mr. John Lu, in his letter of March 24, 1998 (Appendix 'A'), has requested an appeal of staff's decision to refuse his
application for commercial boulevard parking on the Gladstone Avenue flankage of 1137 Dupont Street.
Comments:
Mr. John Lu, owner of Downtown Electronics, 1137 Dupont Street, Toronto, Ontario M6H 2A3, submitted an
application on October 20, 1997, requesting a licence for commercial boulevard parking on the Gladstone Avenue
flankage for the parking of 5 motor vehicles (as amended), parallel to the roadway as shown on the attached sketch
(Appendix 'B').
This application meets the physical criteria for commercial boulevard parking as set out in § 313-39 of City of
Toronto Municipal Code Chapter 313.
As the proposed parking is on a residential flankage, the Municipal Code requires a public poll of owners and
tenants within 100 m from the proposed parking. If the majority of the ballots cast are in favour of the application,
the application is approved. If the majority are opposed, the Commissioner must deny the application. If there is a
negative response, re-polling for the same purpose may not take place until 2 years have passed from the closing
date of the previous poll.
A poll dated January 7 to February 6, 1998, was conducted on the west side from Nos. 776 and 820 Gladstone
Avenue and on the east side from Nos. 811 and 859 Gladstone Avenue to determine neighbourhood support. The
results of the poll were as follows:
Polling Summary
| Ballots cast opposed 15
in favour 3 |
18 |
| No response |
130 |
| Returned by post office |
13 |
| Total ballots issued |
161 |
Mr. Lu was advised in writing that given the negative poll, a licence could not be issued.
Mr. Lu is concerned that the polling process was flawed. In response, I note that the standard ballot for commercial
boulevard parking (Appendix 'C') clearly explains the reasons for the poll and how the results will be used. In this
particular case, the poll was conducted in English and French as requested by the former Councillor (i.e. every
person polled received the ballot form in 2 languages).
A commercial boulevard parking licence was issued to a former occupant of the property on July 10, 1987 but was
cancelled in December 1988.
The City Clerk's office has notified the owners and occupants within 120 m along both sides of Gladstone Avenue
from the proposed parking location, advising of Mr. Lu's appeal.
Conclusions:
Staff cannot issue Mr. Lu a licence for commercial boulevard parking on the Gladstone Avenue flankage because
the poll result was negative. I am satisfied that the public poll was conducted properly.
On hearing the deputations, the Toronto Community Council must decide whether or not to recommend that City
Council grant the appeal.
Contact Name and Telephone Number:
Ken McGuire, 392-7564
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The Toronto Community Council reports, for the information of Council, having also had before it during
consideration of the foregoing matter, the following communications, and copies thereof are on file in the office of
the City Clerk:
- (May 24, 1998) from Antonia Cassese
- (Undated) petition signed by 33 residents of Dupont Street and Gladstone Avenue in support
(A copy of Appendices A and C, referred to in the foregoing report was forwarded to all Members of the Toronto
Community Council with the agenda for its meeting on May 27, 1998, and a copy thereof is on file in the office of
the City Clerk).
(A copy of map appended hereto is on file in the office of the City Clerk.)
