Appeal of Denial of Application for Commercial

Boulevard Parking - Cecil Street Flank of

377 Spadina Avenue - "Grossman's Tavern" (Downtown)

The Toronto Community Council recommends that:

(1)the application for the commercial boulevard parking spot furthest to the east of Spadina Avenue on Cecil Street be denied;

(2)the application for 2 commercial boulevard parking spots on the Cecil Street flank of 377 Spadina Avenue be granted, on condition that

(a)landscaping be done directly in front of the building facing Cecil Street, and that such landscaping be satisfactory to the Commissioner of Economic Development, Culture and Tourism; and

(b)the applicant agree to plant a shade tree on the boulevard, or alternatively, to make a contribution to the Urban Forestry Program for the planting of a shade tree on the municipal right-of-way in the neighbourhood, satisfactory to the Commissioner of Economic Development, Culture and Tourism.

(3)the location of the landscaping be mutually agreed upon by the owner and the Commissioner of Economic Development, Culture and Tourism; and

The Toronto Community Council submits the following report (April 13, 1999) from the Manager, Right of Way Management, Transportation Services, District 1, Works and Emergency Services:

Purpose:

To report on the applicant's appeal of staff's refusal of an application for commercial boulevard parking on the Cecil Street flank of 377 Spadina Avenue, 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 deny the application for commercial boulevard parking on the Cecil Street flank of 377 Spadina AvenueOR

(2)City Council approve the application for commercial boulevard parking on the Cecil Street flank of 377 Spadina Avenue, notwithstanding the negative results 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, of the former City of Toronto Municipal Code.

Background:

Mr. Sam Louie, owner of Grossman's Tavern, in his letter of January 8, 1999, has requested an appeal of staff's decision to refuse his application for commercial boulevard parking on the Cecil Avenue flank of 377 Spadina Avenue.

Comments:

Mr. Sam Louie, owner of 302222 Ontario Ltd., o/a Grossman's Tavern, 377 Spadina Avenue, Toronto, Ontario M5T 2G3, submitted an application on September 16, 1998, requesting a licence for commercial boulevard parking for the parking of 3 vehicles, to be positioned parallel to the roadway as shown on the attached sketch (Appendix 'A').

We have examined this application and have determined that it meets the physical criteria for commercial boulevard parking as set out in § 313-42 of the former City of Toronto Municipal Code Chapter 313.

As the proposed boulevard parking flanks a residential district, the Municipal Code requires that a public poll of owners and tenants within 100 m of the proposed parking be conducted to determine neighbourhood support. If the majority of the ballots cast are in favour of the application, the application is approved. 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 September 30, 1998 was conducted on the north side from 44 to 56 Cecil Avenue, including 144 Huron Street, and on the south side from 53 to 73 Cecil Avenue, including 138 Huron Street, to determine neighbourhood support. The results of the poll were as follows:

Polling Summary

Mr. Louie was advised in writing December 14, 1998 that given the negative poll, a licence could not be issued. Furthermore, Mr. Louie was advised that a further application for commercial boulevard parking privileges at 377 Spadina Avenue could not be considered for 24 months from the closing date of the public poll which was October 30, 1998.

To assist the Committee with the evaluation of the points raised by Mr. Louie in his letter of January8, 1999 (Appendix 'B'), they are summarized below along with staff's response.

Concern No. 1The premises had been licensed as Boulevard parking in the past.

Staff Response:According to the Department's available records, a boulevard parking licence was issued for the parking of 4 vehicles on the Cecil Street flank of the property which was cancelled in March 22, 1983. The licence was cancelled because the business occupant wanted to utilize the boulevard for cafe purposes in lieu of commercial boulevard parking.

In April 1989, Mr. Tonny Louie, on behalf of Grossman's Tavern, submitted an application for commercial boulevard parking for 1 vehicle. The application was refused because the proposed parking would block an entrance way and there was insufficient depth to accommodate a vehicle right angled to the travelled roadway and still maintain the required clearance requirements from the rear of the sidewalk. Commercial boulevard parking is governed under the criteria of the former City of Toronto Municipal Code Chapter 313, Streets and Sidewalks (formerly Streets By-law No. 12519). One of the provisions of the Municipal Code requires a 0.91 m "No Parking" set back from the back of the City sidewalk.

A further application for consideration of commercial boulevard parking was submitted in October 1993 by Mr. Sam Louie, which was denied due to a negative poll.

Concern No. 2The area in question adjoins the main street to the delivery entrance of the building. The boulevard parking enables trucks to back-up to the side door entrance to allow for the most efficient means of delivery of heavy cases of beer and kegs; this established method of delivery has occurred for over 25 years.

Staff Response:Commercial boulevard parking was introduced in 1953 to address parking requirements for business operators for their employees and or clients.

On the south side of Cecil Street in the vicinity of 377 Spadina Avenue, parking is prohibited at anytime. Under the authority of the Highway Traffic Act, a vehicle while actually engaged in loading/unloading merchandise or passengers may legally do so in an area where parking is prohibited. Accordingly, persons making deliveries may legally stop on the south side of Cecil Street, between Spadina Avenue and the 1st public laneway easterly thereof to load and unload.

Concern No. 3The community response was 12 opposed and 8 in favour of the application whereas 66 of the 107 ballots issued did not respond. The low response may not represent an opposition to this application. Out of 107 ballots issued only 12 people opposed. Due to the consequence of the ruling, a judgement based on responses from all those who were sent a ballot would be more appropriate.

Staff Response:While I can appreciate that the response to the public poll was low in comparison to the total ballots issued, as indicated, the Municipal Code stipulates that if the majority of the ballots cast are not in favour of the application, the application must be denied.

Conclusions:

Staff cannot issue Mr. Louie a licence for commercial boulevard parking on the Cecil Street flank of 377 Spadina Avenue, 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

(A copy of a letter in support of the application, referred to in the foregoing report was forwarded to all Members of the Toronto Community Council with the agenda for its meeting on April 28, 1999, and a copy thereof is on file in the office of the City Clerk).

Insert Table/Map No. 1

Grossman's Tavern - 377 Spadina Avenue