Item - 2022.IE28.9

The Infrastructure and Environment Committee recommends that:

1. City Council amend Section 918-3A of City of Toronto Municipal Code Chapter 918, Parking on Residential Front Yards and Boulevards, as follows:

a. by deleting the phrase "or any other by-law provision"; and

b. by inserting after the phrase "under this chapter" the phrase ", except as permitted under regulation 10.5.80.10(4), regulation 10.5.80.11(1), or regulation 10.5.80.11(2) of Zoning By-law 596-2013, as amended, or under Section 6(3) Part IV 1(e) of Zoning By-law 438-86, as amended".

so the section would then read:

A. No person shall park any motor vehicle in any front yard unless parking is authorized under this chapter, except as permitted under regulation 10.5.80.10(4), regulation 10.5.80.11(1), or regulation 10.5.80.11(2) of Zoning By-law 569-2013, as amended, or under Section 6(3) Part IV 1(e) of Zoning By-law 438-86, as amended.

2. City Council amend Section 918-6 of City of Toronto Municipal Code Chapter 918, Parking on Residential Front Yards and Boulevards, by inserting new subsections C, D, E and F generally as follows:

C. Subject to Section 918-6E, if, prior to April 8, 2022, a variance to a City of Toronto zoning by-law was granted to permit a parking space located entirely in the front yard, the permission to park in the front yard continues without the need for a permit or license under this chapter.

D. Subject to Section 918-6E, if a complete application for a minor variance to a City of Toronto by-law is accepted by the Committee of Adjustment prior to April 8, 2022, and, where approval of that application is subsequently granted by that committee or a Local Appeal Body, as constituted under section 8.1 of the Planning Act, the permission to park in the front yard continues without the need for a permit or license under this chapter.

E. The provisions of this chapter shall not apply to prevent front yard parking where a copy of a final and binding Notice of Decision or equivalent authorizing the variance to a City or Toronto zoning by-law granting parking solely in the front yard is filed with the General Manager of Transportation Services.

F. The permission granted pursuant to Section 918-6C or D shall be governed by any conditions related to parking in the front yard contained in a decision of the Committee of Adjustment or Local Appeal Body, as constituted under section 8.1 of the Planning Act, approving the variance as long as the conditions of approval at the time of variance approval continue to be complied with and, further, the permission will apply to subsequent property owners unless any one or more of the approval conditions provide otherwise. 

3. City Council authorize the City Solicitor to introduce the necessary bills to give effect to City Council's decision and City Council authorize the City Solicitor to make any necessary clarifications, refinements, minor modifications, technical amendments, or by-law amendments as may be identified by the City Solicitor, General Manager, Transportation Services, or Chief Planner and Executive Director, City Planning, in order to give effect to Parts 1 and 2 above.

The purpose of this report is to respond to a request from Planning and Housing Committee, which was subsequently redirected through the Infrastructure and Environment Committee, to assess what changes can be made to the City of Toronto Municipal Code and/or to City processes to protect City Council's authority to regulate front yard parking.

Front yard parking is regulated by City of Toronto Municipal Code Chapter 918, Parking on Residential Front Yards and Boulevards (Chapter 918), under authority of the City of Toronto Act, 2006.  In some parts of the geographical area of the former City of Toronto, Chapter 918 prohibits front yard parking.  However, some individuals, in contradiction to the intent of the prohibition in Chapter 918, have been applying for a minor variance for a front yard parking pad that is entirely on private property.

Staff have identified a potential amendment that would provide primacy to Chapter 918, specifically section Section 918-3A.  This approach would require a property owner within the boundaries of the former City of Toronto to obtain permission from the City for front yard parking under Chapter 918 and preclude the potential for a minor variance.  It is hoped that this proposed technical amendment provides clarity to residents on the review and approvals process related to front yard parking.

In addition, it is being proposed that any front yard parking pads that, to date, have been approved through zoning or a variance in the geographical area of the former City of Toronto would be permitted to continue through an amendment to Chapter 918.