Driveway Widening Appeal - 47 Cranbrooke Avenue

(North Toronto)

The Toronto Community Council recommends that the request for driveway widening at 47 Cranbrooke Avenue be approved, subject to the applicant entering into the agreements and paying the fee prescribed by the former City of Toronto Municipal Code.

The Toronto Community Council submits the following report (May 12, 1998) from the Director, By-law Administration and Enforcement, City Works Services:

Purpose:

To report on an application for driveway widening parking which does not meet the requirements of Municipal Code Chapter 248, Parking Licenses. As this is an appeal, it is scheduled as a public hearing.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

It is recommended that City Council deny the request for an exemption from the by-law to permit driveway widening at 47 Cranbrooke Avenue, as such a request does not comply with Chapter 248 of the City of Toronto Municipal Code regarding clearance from trees and number of on-site parking spaces.

Background:

I have received two communications (April 23 and 24, 1998) from Mr. and Mrs. Tanner, owners of 47 Cranbrooke Avenue, appealing the refusal of their application for driveway widening at this address.

Comments:

Mr. Julian Tanner and Ms. Rhonda Cockerill Tanner, owners of 47 Cranbrooke Avenue, submitted an application in August 1994, to park a vehicle adjacent to the mutual driveway, in front of the property. The application was approved and Ms. Tanner came to the office on September 11, 1995 to obtain the permit for the paving of the parking space. The applicants wanted to alter the porch and relocate the steps, and since this would require building permits, the permit was not issued and the file was placed on hold until the permits from Buildings and Inspections were obtained.

On May 2, 1996, the approval letter was sent to the applicants advising that the permit for the paving of the parking area be obtained, and that the file would be closed should the permit not be obtained prior to July 2, 1996. They did not obtain the permit by July 2, 1996 and the file was closed.

Mr. and Mrs. Tanner now wish to proceed with the previously approved parking pad, and have submitted a second application on April 23, 1998. The application was refused as the proposal no longer meets the current criteria of City of Toronto Municipal Code Chapter 248, since the property has access to parking at the rear of a public lane.

The original approval was granted in 1995, under Municipal Code Chapter 248, and Zoning By-law No. 438-86. The by-law at the time (438-86) stipulated that driveway widening in this area (formerly Ward 15 North of Eglinton Avenue) was permitted even though the property had vehicular access to an existing parking facility at the rear of the property, as long as 2 vehicles were parked anywhere on the lot. The property has access to a single open parking facility at the rear of the property accessed by means of a public laneway.

On July 5, 1996, Chapter 248 of the Municipal Code was amended by By-law No. 1996-0363. The current driveway widening criteria of the City of Toronto Municipal Code Chapter 248:

(a) prohibits driveway widening where the property has access to a parking facility on the lot; and

(b) requires that the new requirements of Municipal Code Chapter 331, Trees, are complied with.

There is a large 86 cm diameter City-owned tree fronting this property which will be affected by the installation of the proposed parking pad. The new specifications for trees over 50 cm in diameter require that no paving be installed within 2.4 metres from the base of the tree, and that no grade change or excavation is permitted from 4.0 metres from the base of the tree. When taking these criteria into consideration, there is insufficient space from the tree to the porch and steps to accommodate a parking space.

Conclusions:

This property was initially approved for driveway widening in September 1995, under the previous more permissive by-law. The changes in the by-law in 1996 permitted the grandfathering of existing licensed locations, but did not grandfather the approved locations. As the property has access to a parking facility at the rear, this location is not eligible for driveway widening. This request should be denied by Council.

Contact Name and Telephone Number:

Nino Pellegrini, 392-7778

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Mr. R. Tanner, Toronto, Ontario appeared before the Toronto Community Council in connection with the foregoing matter.