Item - 2017.TE23.30

The Toronto and East York Community Council recommends that:

1. City Council allow for a site-specific amendment to Toronto Municipal Code Chapter 918, Parking on Residential Front Yards and Boulevards despite the provisions in Chapter 918 that would otherwise prohibit it, including 918-5B, 918-8C(3), 918-8I, 918-14 and 918-21B, front yard parking for the property at 123 Massey Street (the “Property”) on the following conditions:

a.  the front yard parking pad area must not exceed 2.6 m in width;

b.  the owner(s) of the Property (the “Owner”) must submit an application and pay all applicable fees under Chapter 918, excluding the non-refundable appeal fee that would otherwise be required to be paid;

c.  the Owner shall be exempt from any polling requirements that may otherwise be applicable under Chapter 918; and

d.  the Owner must comply with all other provisions of Toronto Municipal Code Chapter 918, to the extent that these provisions do not conflict with the site-specific by-law amendment.

2.  City Council direct the Confidential Attachment to the report (March 16, 2017) from the City Solicitor and the Manager, Right of Way Management, Transportation Services remains confidential in its entirety as it relates to litigation or potential litigation that affects the City or one of its agencies or corporations, and it contains advice or communications that are subject to solicitor-client privilege.

The Toronto and East York Community Council requested the City Solicitor to provide a supplementary report directly to City Council outlining why Item TE23.30 does not establish a precedent for future front yard parking exemption applications.

The Toronto and East York Community Council recessed its public session and met in closed session to consider this item as it relates to advice or communications that are subject to solicitor-client privilege and litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board.

The purpose of this report is to advise of an Ontario Municipal Board proceeding that affects the City or one of its agencies or corporations and relates to front yard parking pad regulations contained in Toronto Municipal Code Chapter 918 ("Chapter 918").

In 2013, the owner of 178 Strachan Avenue, located in Ward 19, applied for a consent to create a new lot with its proposed frontage on Massey Street. The property at 178 Strachan Avenue was a double frontage lot to Massey Street. The owner also applied for associated variances to authorize a new three storey dwelling with an integral garage on the newly created vacant lot known as 123 Massey Street (the "Property"). On March 27, 2013, the Committee of Adjustment (File Nos. B0011/13TEY & A0072/13TEY) approved the consent and associated variances and, in 2016, a building permit was issued for the construction of the new dwelling on the Property.

Subsequently, the building permit was revoked as the proposed construction required further variances to permit the proposed dwelling on the Property. The applicant made a subsequent application to the Committee of Adjustment (File No. A0391/16TEY) with the same plans, seeking the additional required variances. On July 27, 2016 the Committee of Adjustment refused the requested variances and the applicant appealed that decision to the Ontario Municipal Board. In accordance with the City's instructions, the City Solicitor and the Applicant have negotiated a settlement of the City's issues (the "Settlement").  

The Settlement was presented to the Ontario Municipal Board at a hearing on February 1, 2017. An element of the Settlement includes the provision of parking on the Property. In accordance with the Settlement, the Applicant must apply for a front yard parking pad. Since the provisions of Chapter 918 prohibit the installation of a front yard parking pad at the Property, the Applicant requires relief from the provisions of Chapter 918.