(City Council on April 16, 1998, adopted the following recommendations:

"It is recommended that:

(1) City Council not enforce the by-law as it relates to the vehicle at 745 Sammon Avenue; and

(2) the Commissioner of Development Services, East York, be requested to review the length limitation on vehicles when consolidating the by-laws related to front yard permit parking of the former municipalities to ensure that this and other anomalies are removed from a future parking by-law.")

(City Council on March 4, 5 and 6, 1998, deferred consideration of this Clause to the next regular meeting of Council to be held on Thursday, April 16, 1998.)

The East York Community Council reports having directed that the following report (February 4, 1998) from the Commissioner of Development Services, East York, be submitted to the City Council without recommendation:

Purpose:

To report on enforcement issues in relation to the parking pad located at 745 Sammon Avenue.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

It is recommended that this report be received for information.

Council Reference/Background/History:

The East York Community Council, at its meeting on January 21, 1998, requested the Acting Executive Commissioner for Urban Development Services to report to the East York Community Council meeting on February 18, 1998, on enforcement issues in relation to the parking pad located at 745 Sammon Avenue.

Comments and/or Discussion and/or Justification:

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 "To 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'.

On July 25, 1997, the By-law Enforcement Section, East York Office, received a complaint regarding an illegal vehicle parking on the parking pad at 745 Sammon Avenue. The East York Parking Office investigated this matter and observed a pick-up truck parking on the parking pad. Parking Office staff assumed that this vehicle exceeded the capacity provision of By-law No. 113-90, Section 1.17, which prohibits commercial motor vehicles that exceed 0.46 tonnes capacity from parking on a parking pad.

The property owners of 745 Sammon Avenue were subsequently notified in a letter dated November 19, 1997, of the above contravention, and that the agreement was subject to cancellation if a non-permitted motor vehicle was parked on the parking pad. The property owner was given 30 days to respond to the notice, and advised that enforcement action would be taken including the tagging of any vehicle parked illegally in the front yard. On January 8, 1998, a request was forwarded to the Toronto Police Service, Parking Enforcement Unit East, advising them to begin enforcement.

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.

Transportation staff attended 745 Sammon Avenue on January 22, 1998, to determine the length of the vehicle in question that was being parked on the parking pad. The vehicle, a pick-up truck, was measured at 6.27 metres (20.6 feet) in length. By-law No. 113-90 states that a permitted motor vehicle shall not exceed a length of 5.8 metres (19.0 feet), therefore this vehicle contravenes the By-law. Mr. Hart was advised of our findings on January 30. 1998.

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 "To Licence and Regulate Boulevard Parking in Residential Areas" superseded 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. Therefore, a By-law amendment would not be worthwhile for Mr. Hart's circumstances unless he terminated his existing front yard parking agreement and applied for a residential boulevard parking licence under By-law No. 122-93.

It should be noted that this vehicle is not considered a heavy vehicle as described in Uniform Traffic By-law No. 92-93, and is permitted to park on the street.

Conclusions:

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 6.27 metres (20.6 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 superseded 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. Therefore, a by-law amendment could not be a consideration unless Mr. Hart terminated his existing front yard parking agreement and applied for a residential boulevard parking licence under By-law No. 122-93.

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.

It should also be noted that this vehicle would be permitted to park on the street, since it is not considered a heavy vehicle as described in Uniform Traffic By-law No. 92-93.

Contact Name:

Peter Bartos, P. Eng., Transportation Engineer, East York Office - 778-2225.

Mr. Roger Hart, East York, and Ms. Karen Aveline, East York, appeared before the East York Community Council in connection with the foregoing matter.

(A copy of Schedule "A", a diagram showing the approved front yard parking pad at 745 Sammon Avenue referred to in the foregoing report is on file in the office of the City Clerk.)

(City Council on March 4, 5 and 6, 1998, had before it, during consideration of the foregoing Clause, the following report (February 25, 1998) from the Director of Transportation and Engineering, East York Civic Centre:

As you are aware the issue at this address is the enforcement of front yard parking. The resident has a front yard parking pad registered on title which prohibits vehicles longer than 5.8 m (19 ft.). The resident owns an extended cab truck which is 20 ft., 7 in. in length. It can be shortened to 20 ft. by the removal of extra equipment.

I have discussed the matter further with Quinto Annebelle, Loopstra, Nixon, McLeish and the following are the options.

(1) Do nothing -- it is within Council's prerogative to not enforce the by-law.

(2) The current Front Yard Parking By-law No. 122-93 provides for licenses and annual fees also contains the length restriction. This restriction could be amended to remove or increase the vehicle length restriction. The resident would then have an option of obtaining a license rather than retaining the front yard parking pad registered on title. In discussions with the resident he wishes to keep the front yard parking pad registered on title as he feels that it provides him with more security and a increased property value.

(3) By-law No. 122-93 could be amended to deal with the length issue as well as to allow the existing front yard parking pad to remain on title with all the restrictions. The resident would have to obtain a license under the amended by-law and pay the annual fee. It is my understanding that the resident would be prepared to look at this option and pay the annual fee.

(4) By-law No. 122-93 could be amended as in Item (3) but to be site specific to this location.

(5) Council could direct staff to enforce the by-law given the complaint from the neighbour.

Staff are not aware of the reason for the length restriction, however, it may have been an issue with respect to the length of vehicles on the market at the time. Having said this, the length requirement could be amended provided the other conditions of front yard parking pad license, bottom of stairs of set back of 1.0 metre and 0.3 metre from the sidewalk are maintained. This provides us with the required safety protection. The approved pad at this location is 22 feet long. There has been a planter constructed which could be slightly modified to allow the truck to fully fit on the pad and maintain the 0.3 metre set back from the sidewalk.

I trust that this clarifies the options available. If you have any questions please contact me.)

Respectfully submitted,

MICHAEL PRUE,

Chair

Toronto, February 18 and 19, 1998

(Report No. 3 of The East York Community Council was adopted, as amended, by City Council on April 16, 1998.)

Clause Page

1 Enforcement Issues in Relation to the
Parking Pad Located at 745 Sammon Avenue 2408