Appeal of Denial of Commercial Boulevard Parking Application -

Massey Street Flankage of 937 Queen Street West

(Trinity-Niagara)

The Toronto Community Council recommends that two boulevard parking spaces on the Massey Street flankage of 937 Queen Street West be approved subject to the following conditions:

 (1)the applicant shall develop and maintain a landscaped area in the northernmost section of the boulevard (as per the sketch attached to the communication (June 16, 1998) from Councillor Pantalone), containing up to three trees (if possible, and at the City's discretion), one of the trees to be the existing honey locust;

(2)the paving of the boulevard parking spaces shall be of Ecostone or equivalent material;

(3)the loading door access area shall be reconstructed in asphalt or concrete;

(4)the applicant shall install a sign at the loading dock advising that the space is for short-term loading and unloading only;

(5)the area south of the loading dock access area, presently enclosed in curbstones shall be of concrete and permitted to be used to allow parallel loading and unloading;

(6)the southernmost area (approximately eight feet) referred to in Condition No. (5), shall be excavated by the applicant and filled with soil to allow the planting of a flower garden;

(7)the applicant shall not apply chemical pesticides to the areas referred to in Condition Nos. (1) and (6); and

(8)the applicant shall place and maintain a small garbage receptacle adjacent to the loading dock.

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 Massey Street flankage of 937 Queen Street West, because of a negative public poll. As this matter is 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 Massey Street flankage of 937 Queen Street West, notwithstanding the negative result of the public poll, and that such approval be subject to the applicant complying with the criteria set out in § 313-42 of Municipal Code Chapter 313, Streets and Sidewalks;

OR

(2)City Council deny the application for commercial boulevard parking privileges on the Massey Street flankage of 937 Queen Street West.

Background:

Mr. Elias Elatrash, in his letter of March 11, 1998 (Appendix 'A'), has requested an appeal of staff's decision to refuse his application for commercial boulevard parking on the Massey Street flankage of 937 Queen Street West.

Comments:

Mr. Elias Elatrash, President, Rema Furniture Mfg. Ltd., 937 Queen Street West, Toronto, Ontario M6J 1G7, submitted an application on October 31, 1997 requesting a licence for commercial boulevard parking on the Massey Street flankage of 937 Queen Street West.

The proposed parking area can accommodate 2 motor vehicles 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 § 313-42 of City of Toronto Municipal Code Chapter 313, Streets and Sidewalks.

As the proposed parking area is located on a residential flankage, the Municipal Code requires a public poll of owners and tenants within 100 m of the subject property to determine their support of the proposal. 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 east side of Massey Street between Nos. 81 and 121 and on the west side of Massey Street between Nos. 58 and 106, including 951 Queen Street West. The results of the poll are as follows:

Polling Summary

 Mr. Elatrash was notified in writing that given the negative poll results, a licence for commercial boulevard parking could not be issued.

The City Clerk's office has notified the owners and occupants within 100 m along both sides of Massey Street from the proposed parking location, advising of Mr. Elatrash's appeal.

Conclusions:

Staff cannot issue Mr. Elatrash a licence for commercial boulevard parking on the Massey Street flankage of 937 Queen Street West because the poll result was negative.

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

(Copy of map attached to the foregoing report, is on file in the office of the City Clerk.) 

The Toronto Community Council also submits the following communication (June 16, 1998) from Councillor Pantalone:

Recommendation:

That two (2) boulevard parking spaces be approved subject to the following conditions:

1.The applicant shall develop and maintain a landscaped area in the northernmost section of the boulevard (as per the attached sketch) containing up to three trees (if possible and at the City's discretion), one of the trees to be the existing honey locust.

2.The paving of the boulevard parking spaces shall be of Ecostone or equivalent material.

3.The loading door access area shall be reconstructed in asphalt or concrete.

4.The applicant shall install a sign at the loading dock advising that the space is for short-term loading and unloading only.

5.The area south of the loading dock access area, presently enclosed in curbstones shall be of concrete and permitted to be used to allow parallel loading and unloading.

6.The southernmost area (approximately eight feet) referred to in paragraph 5 shall be excavated by the applicant and filled with soil to allow the planting of a flower garden.

7.The applicant shall not apply chemical pesticides to the areas referred to in paragraphs 1 and 6.

8.The applicant shall place and maintain a small garbage receptacle adjacent to the loading dock.

Background: This matter was deferred by Toronto Community Council to June 24, 1998 so that a win-win solution could be explored by the applicant and Massey Street residents.

Following a series of consultations, the applicant and residents have reached an agreement embodied in the foregoing recommendations. The conditions attached to the granting of the boulevard parking will improve the appearance and functioning of this boulevard which flanks a residential street.

(Copy of map attached to the foregoing report, is on file in the office of the City Clerk.)

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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 a copy thereof is on file in the office of the City Clerk:

-(May 1, 1998) from Ms. Michaelle McLean;

-(May 6, 1998) from Mr. Robert Whalen;

-(May 3, 1998) from Ms. Annette Borger and Mr. Ken Dishman; and

-(May 4, 1998) from Mr. and Mrs. Nathan Loeppky

(A copy of Appendix A, referred to in the foregoing report was forwarded to all Members of the Toronto Community Council with the agenda for its meeting on June 24 and 25, 1998, and a copy thereof is on file in the office of the City Clerk).