Request for an Exemption from Municipal Code Chapter 400,

to Permit Front Yard Parking for a Second Space at

85 Crescent Road (Midtown)

The Toronto Community Council recommends that:

(1)the application for a second parking space at 85 Crescent Road be approved by City Council, notwithstanding that the request does not comply with Chapter 400 of the former City of Toronto Municipal Code; and

(2)the licence previously issued for a single space be reinstated.

The Toronto Community Council submits the following report (May 13, 1998) from the Director, By-law Administration and Enforcement, City Works Services:

Purpose:

To report on a request for an exemption from Municipal Code Chapter 400, Traffic and Parking, to permit a second front yard parking space. As this is a request for an exemption from the by-law, it is scheduled as a public hearing.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendations:

It is recommended that:

(1)an application for a second parking space at 85 Crescent Road be denied by City Council, as such a request does not comply with Chapter 400 of the City of Toronto Municipal Code; and

(2)the licence previously issued for a single space not be reinstated until the excessive paving is removed, as requested by City staff.

Background:

Ms. Gunta Mackars of Gunta Mackars Landscape Architecture, acting on behalf of the owners of 85 Crescent Road, in her letter of April 6, 1998 (Appendix 'A'), has requested an appeal to staff's decision to refuse their application for a second parking space at this address.

The Department had received an application for front yard parking for a second parking space at this address on May 20, 1997. The application was returned to the applicant, because the request exceeded the maximum of one parking space as permitted under City of Toronto Municipal Code Chapter 400. The property was licensed for one front yard parking space, and the licence was recently cancelled.

Comments:

The previous property owners were originally licensed for front yard parking for one vehicle on September 30,1994. The property changed ownership, and the new owners, Mr. and Mrs. Peters, were advised in November 1996, of the need to transfer the existing licensed parking privileges. The licence was transferred to the Peters on January 4, 1996.

On July 5, 1996, Chapter 400 of the Municipal Code was amended by By-law No. 1996-0363. The current front yard parking criteria of City of Toronto Municipal Code Chapter 400, sets a maximum of one front yard parking space per property.

In September 1996, an inspection showed that the front yard had been recently landscaped. The retaining walls within the City street allowance were removed, the grade lowered to sidewalk grade, and the entire width of the property had been paved in brick pavers and concrete. There was no approval nor any permits issued by the Department for this work, and a notice was left at the property to have the excessive paving removed. No application for a second space was ever submitted.

On January 6, 1997, I received a facsimile from the landscape architect on behalf of the owners, advising that the Peters had agreed to comply with the landscape requirements of the code, and limit the parking to a single parking space, by having precast planters installed and broadleaf evergreens planted.

An application for a second space was received by the Department on May 20, 1997. We returned it to Mr. Peters since it did not meet the current front yard parking criteria of City of Toronto Municipal Code Chapter 400. The Peters were advised of the refusal of the second parking space; and were again requested to remove the excess paving in order to meet the landscaping requirements, as previously agreed by the Peters.

Recent inspections in February of this year showed the unauthorized parking of two vehicles, and that the work had not been undertaken. The file was subsequently closed and the licence for the single parking space was cancelled.

Conclusions:

The existing front yard parking licence for one space was grandfathered when the by-law changed in 1996. The property is not eligible for a second front yard parking space. The request for a second parking space should be denied by Council, and the previously licensed parking space should not be reinstated unless the excessive paving is removed, as previously requested.

Contact Name and Telephone Number:

Nino Pellegrini, 392-7778

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

- Mr. Viktor Jaunkalns o.b.o. Gunta Mackars; and

-Mr. Robert Peters.

(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).

(Copy of map attached hereto, is on file in the office of the City.)