Item - 2016.TE17.104

City Council on July 12, 13, 14 and 15, 2016, adopted the following:

1.  City Council adopt the confidential recommendation in Confidential Attachment 1 to the report (May 26, 2016) from the City Solicitor and the Manager, Right of Way Management, Toronto and East York District, Transportation Services.

2.  City Council authorize the public release of the confidential recommendation in Confidential Attachment 1 to the report (May 26, 2016) from the City Solicitor and the Manager, Right of Way Management, Toronto and East York District, Transportation Services and City Council direct that the balance of Confidential Attachment 1 to the report (May 26, 2016) from the City Solicitor and the Manager, Right of Way Management, Toronto and East York District, Transportation Services remain confidential.

The following confidential recommendation in Confidential Attachment 1 to the report (May 26, 2016) from the City Solicitor and the Manager, Right of Way Management, Toronto and East York District, Transportation Services was adopted by City Council and is now public:

1.  City Council approve a site-specific amendment to Toronto Municipal Code Chapter 918, Parking on Residential Front Yards and Boulevards, to allow, despite the provisions in Chapter 918 that would otherwise prohibit it, including 918-58 and 918-8C(3), front yard parking for persons with a disability at 64 Howland  Avenue (the "Property") on the following conditions:

a.  the front yard parking pad area must not exceed 2.6 m by 5.9 m in dimension;

b.  the owner(s) of the Property (the "Owner") must pay for the installation of the ramp to service the front yard parking pad and pay all applicable fees under Chapter 918;

c.  the parking pad license must terminate upon 1) the sale of the Property 2) the accessible parking permit no longer being required by or in effect for the accessible permit holder and/or 3) the accessible permit holder no longer residing at the Property;

d.  the Owner must forthwith advise Transportation Services if any of the events in paragraph c. above occur;

e.  within 6 months of the termination of the parking pad license, the front yard parking pad must be reverted to green space and soft landscaping at the Owner's expense, and the Owner must pay for the reinstallation of the curb;

f.  the Owner must undertake to advise any purchaser or new adult resident of the property 1) of the site-specific by-law amendment 2) of the provision that the parking pad license terminates upon the sale of the Property and 3) of the provision that requires the front yard parking pad to be removed and the curb reinstalled at the Owner's expense upon the sale of the Property;

g.  upon the construction of the front yard parking pad, the owner must surrender any on-street parking permit;

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

i.  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; and

j.  the Owner must comply with all applicable provisions of Toronto Municipal Code Chapter 813, Trees, and pay all applicable fees, deposits, and charges.

The balance of Confidential Attachment 1 to the report (May 26, 2016) from the City Solicitor and the Manager, Right of Way Management, Toronto and East York District, Transportation Services remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation that affects the City or one of its agencies, boards or commissions and it contains advice or communications that are subject to solicitor-client privilege.