2.144 HUMBERCREST BOULEVARD DRIVEWAY ACCESS - TREE
OBSTRUCTION
Ward 27, York-Humber.
Commissioner Operations Services, York Civic Service Centre
(June 23, 1998)
Purpose:
Councillor Bill Saundercook is requesting staff to review and report on alternative options
available to the City, other than removing an existing oak tree belonging to the City located
at 144 Humbercrest Boulevard, that is currently obstructing Mr. Albert Deavitt's right of
access to his residence.
Funding Sources, Financial Implications and Impact Statement:
None required.
Recommendations:
That the Solicitor prepare a by-law, which authorizes the issuance of an on-street parking
permit to facilitate parking on a non-designated permit street to a residential property owner,
for the purposes of parking, due to a mature healthy tree obstructing a residential property
owner's right of access to their residence.
Council Reference/Background History:
Councillor Bill Saundercook is requesting staff to review and report on alternative options
available to the City other than removing an existing oak tree, belonging to the City located
at 144 Humbercrest Boulevard, that is currently obstructing Mr. Albert Deavitt's driveway.
Comments and/or Discussion and/or Justification:
Mr. Albert Deavitt's residence is located on the west side of Humbercrest Boulevard
between
St. Johns Road and Dundas Street, within Ward 27, York Humber.
Currently on-street parking on Humbercrest Boulevard between St. Johns Road and Dundas
Street is legally permitted on the east side, exclusively. The parking duration is an unsigned
maximum three (3) hour limit, anytime.
Through the years the oak tree has grown in size. As a result, the base of the tree has
expanded to currently occupy half of Mr. Albert Deavitt's driveway. Presently the only
recourse A. Deavitt has available to negotiate around the tree is to drive onto the neighbour's
front yard to park his vehicle.
Obviously, the City is responsible for the obstruction realizing the tree is located on the
municipal road allowance. Staff have investigated the age and condition of the tree and
reported it is healthy. Appreciating the species, age, and condition of the tree, staff are
reluctant to recommend its removal, and therefore have requested that we review and report
on alternative options available. Outlined below are three viable alternatives and their
implications to resolving this issue:
Scenario 1
A. Deavitt could apply for front yard parking to establish a parking space on the south side
of their property line.
The implications would result in the Deavitt's incurring an expenditure of between
$2,000.00 and $3,000.00 to licence and provide a legal parking space on the south side of
their property line.
In a recent telephone conversation with A. Deavitt, front yard parking is not an alternative
option he is prepared to pursue.
Scenario 2
On-street permit parking provides those residents, without adequate off-street parking
facilities to legally park their vehicles on the streets on which they reside for extended
periods of time, with impunity from the signed and unsigned parking regulations.
However, on-street permit parking is only considered by Council, after conducting a poll
where the results verify the majority of resident responses received support the introduction
of on-street permit parking.
The implications, therefore, may be the majority of resident responses received do not
support the introduction of on-street permit parking, resulting in A. Deavitt being unable to
park for extended durations of time. Should, however, the majority of resident responses
received support the introduction of on-street permit parking the Deavitts would incur an
expenditure of $64.20 per year.
Scenario 3
Appreciating the unique circumstances, on-street permit parking is a viable alternative to
resolving this matter, as it relates to a single property owner for the remainder of the City
tree's life span.
The current implementation policy process for on-street permit parking requires a public
process, with no guarantees for its acceptance by the majority of resident responses.
We would, therefore, recommend that the Solicitor prepare an on-street permit parking
by-law authorizing the issuance of an on-street parking permit on a non-designated street to
a residential property owner where extenuating circumstances, being a municipal tree,
circumvent a residential property owner's right of access to their residence.
We would also suggest that a nominal fee of $1.00 per month or $12.00 per year, plus
G.S.T., be charged to cover the administration cost of processing the permit.
The implications would require the Deavitts to purchase an on-street parking permit.
Conclusions:
On-street permit parking is a viable alternative where extenuating circumstances, being a
municipal tree, circumvent residential property owners' right of access to their residence.
We, therefore, recommend and support the Solicitor preparing a by-law authorizing the
issuance of an on-street parking permit to any residential property owner where right of
access to their residence is obstructed, by a healthy mature municipal tree, on
non-designated streets within the York District.
Contact Person:
Stephen C. Brown
Manager Traffic/Parking
394-2655
394-2888 (fax)
