AIt is recommended that this report be received for information.@

The parking pad at 745 Sammon Avenue is a legal pad having a front yard parking agreement registered on title on November 2, 1993, under By-law No. 113-90, entitled ATo provide for front yard parking in residential areas@. The approved dimensions of the parking pad are 2.44 metres (8.0 feet) wide by 6.7 metres (22.0 feet) long. A copy of the approved parking pad plan is attached as Schedule >A=.

Mr. Hart, owner of 745 Sammon Avenue, visited the East York Civic Centre on January 13, 1998, advising that he had received a ticket for parking on his parking pad. Transportation Section staff reviewed the file and determined that the vehicle did not exceed the capacity limit defined in By-law No. 113-90, as he was initially informed on November 19, 1997 by the Parking Office. The Parking Office miscalculated the capacity of Mr. Hart=s truck. Mr. Hart was advised of this on January 21, 1997, and was asked to bring in the parking tickets he received to be rescinded. Mr. Hart was also told that the By-law also limited the length of a vehicle that could be parked on a parking pad, and that we would investigate further and advise him.

There are two relevant East York By-laws which apply in this case. By-law No. 113-90 allowed for parking pads to be registered on title of the property for a one-time fee. By-law No. 122-93 entitled ATo Licence and Regulate Boulevard Parking in Residential Areas@ superceded By-law No. 113-90 on January 1, 1994, and requires residents to obtain a licence and pay an annual fee of $120.00 for front yard parking. By-law No. 113-90 cannot be amended to allow for longer vehicles since it is no longer in full force and effect. However, Mr. Hart=s parking pad was approved under By-law No. 113-90, and it is therefore subject to those terms and conditions.

A By-law amendment would not be worthwhile for Mr. Hart=s circumstances because his vehicle is simply too long for the parking pad that was approved at 745 Sammon Avenue. When the truck is parked on the parking pad, it almost touches the front wall of the house, yet is still closer than 0.3 metres (1.0 feet) to the sidewalk, which is prohibited by By-law No. 113-90 for the purposes of pedestrian safety and sidewalk snow clearing and maintenance.

The parking pad at 745 Sammon Avenue is a legal parking pad having a front yard parking agreement registered on title. The vehicle in question, a pick-up truck, is 6.48 metres (21.25 feet) long, which exceeds the permitted length of 5.8 metres (19.0 feet) for a vehicle that may park on a parking pad, therefore contravening the By-law. By-law No. 113-90 cannot be amended to eliminate this length restriction, since it has been superceded by Residential Boulevard Parking By-law No. 122-93. However, Mr. Hart=s parking pad remains bound by the terms and conditions of By-law No. 113-90 since it is a front yard parking agreement that was registered on the title of the property, and not an annual licence as required under By-law No. 122-93.

A By-law amendment to change the length restriction could not be a consideration in this issue since Mr. Hart=s truck is still too long for the actual parking pad that was approved. When the truck is parked on the parking pad, it almost touches the front wall of the house and is still closer to the sidewalk than the By-law allows. Therefore, the front yard parking agreement is subject to termination if this vehicle continues to park on the parking pad, since the terms of the agreement have been broken.