October 29, 1998

To:Toronto Community Council

From:Angie Antoniou, Acting Assistant Director, By-law Administration and Enforcement, Transportation Services

Subject:Permit Parking Hours of operation on Rosewell Avenue, between Lawrence Avenue West and Cheritan Avenue (North Toronto)

Purpose:

To report on the permit parking hours of operation on Rosewell Avenue, between Lawrence Avenue West and Cheritan Avenue.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendations:

(1)That Rosewell Avenue, between Lawrence Avenue West and Cheritan Avenue, be deleted from Schedule >F= (12:01 a.m. to 6:00 p.m.) of Municipal Code Chapter 400, Traffic and Parking, of the former City of Toronto Municipal Code;

(2)That Rosewell Avenue, between Lawrence Avenue West and Cheritan Avenue, be included in Schedule >A= (12:01 a.m. to 7:00 a.m.) of Municipal Code Chapter 400, Traffic and Parking, of the former City of Toronto Municipal Code; and

(3)That the appropriate City Officials be authorized and directed to take whatever action is required to give effect thereto, including the introduction of all necessary bills.

Background:

The Toronto Community Council, at its meeting of October 14, 1998, had before it a communication (October 14, 1998) from Councillor Anne Johnston, respecting the change in parking regulations on Rosewell Avenue from Lawrence Avenue West to Cheritan Avenue and:

(1)requested the Commissioner of Works and Emergency Services to report on the change in the parking regulations on Rosewell Avenue from Lawrence Avenue West to Cheritan Avenue; and

(2)requested that, in the meantime, the parking signs formerly in place on Rosewell Avenue, from Lawrence Avenue West to Cheritan Avenue, be replaced immediately, as requested by residents.

Comments:

Rosewell Avenue, between Lawrence Avenue West and Cheritan Avenue, is authorized for permit parking on both sides of the street on a street name basis and has a total of 28 permits issued against 104 on-street parking spaces.

The former City of Toronto Council, at its meeting of March 21, 1988, passed a by-law to amend the former City of Toronto Permit Parking By-law No. 21333, to extend the hours of operation from 12:01 a.m. to 7:00 a.m. to 12:01 a.m. to 6:00 p.m. The by-law was amended, however, due to an error, the actual permit parking signs in the field remained 12:01 a.m. to 7:00 a.m.

Acting on a complaint from a resident of the street on long-term, non-resident parking, on May 6, 1997, staff of this department in a field inspection confirmed that the by-law did not correspond to the permit parking signs posted in the field. Given that the posting of the permit parking signs to indicate the appropriate permit parking hours would have resulted in a major change to the parking conditions on the street, in a communication to the former Councillor Kay Gardner, staff advised of the discrepancy and requested the Councillor=s comments.

Since no comments were received, regrettably the file was closed without rectifying the mistake.

On April 16, 1998, while staff were reviewing a Site Plan Control application from the Havergal College Lower School, detected the discrepancy again. On May 11, 1998, a work order instruction was issued and the signs were changed to indicate 12:01 a.m. to 6:00 p.m. on May 20, 1998. Regrettably, no consultation was done with the residents of the street or the Council members.

Any reduction of permit parking operating hours constitutes a Adeprivation@ to permit holders. Under the procedures adopted by the former Toronto City Council, we are required to notify all affected permit holders.

However, given that the residents of Rosewell Avenue have enjoyed the permit parking hours of 12:01 a.m. to 7:00 a.m. since 1988, the reduction of permit parking hours is not considered as a deprivation to permit holders.

Under the circumstances, I would recommend that a technical amendment be made to Municipal Code Chapter 400, Traffic and Parking, to amend the permit parking hours on Rosewell Avenue, between Lawrence Avenue and Cheritan Avenue, to indicate permit parking between 12:01 a.m. and 7:00 a.m.

Arrangements have been made to revert the permit parking signs on the street back to 12:01 a.m. and 7:00 a.m.

Conclusions:

Even though the Permit Parking By-law was amended in 1988 to indicate the extended hours on Rosewell Avenue, between Lawrence Avenue West and Cheritan Avenue, to 12:01 a.m. to 6:00p.m., the permit parking signs on the street remained 12:01 a.m. to 7:00 a.m. until May 20, 1998.

The reduction of permit parking hours will have no impact on the parking privileges enjoyed by these residents insofar as for the past 10 years they adhered to the permit parking hours of 12:01 a.m. to 7:00 a.m. Given that the residents wish to maintain the 12:01 a.m. to 7:00 a.m. permit parking hours, I would recommend that Municipal Code Chapter 400, Traffic and Parking, of the former City of Toronto Municipal Code be amended to reflect the permit parking hours of 12:01 a.m. to 7:00 a.m..

Contact Name and Telephone Number:

Angie Antoniou, 392-1525

Acting Assistant Director

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