April 22, 1998
To:East York Community Council
From:Richard Z. Tomaszewicz
Commissioner of Development Services, East York
Subject:Parking Concerns adjacent to 140 Oak Park Avenue
Purpose:
To report to the May 6, 1998, meeting of the East York Community Council on the implementation of a ANo Parking
Anytime@ zone adjacent to 140 Oak Park Avenue.
Financial Implications:
The recommended changes can be accommodated in the existing Operating Budget.
Recommendations:
AIt is recommended that:
(1)By-law No. 92-93 entitled "To regulate traffic on roads in the Borough of East York" be amended to implement a "No
Parking Anytime" restriction on the west side of Oak Park Avenue from a point 49.7 metres north of Epsom Avenue to a
point 53.4 metres north of Epsom Avenue; and;
(2)the appropriate City Officials be authorized and directed to take the necessary action to give effect thereto.@
Background:
The Works and Emergency Services Department received a letter from Mr. Dino Dinatale, 140 Oak Park Avenue, on
March 16, 1997, requesting that the curb space between the parking pad at 140 Oak Park Avenue and the parking pad at
142 Oak Park Avenue be regulated by a ANo Parking Anytime@ restriction. Mr. Dinatale is concerned about vehicles
parking in this space, overhanging his driveway, and make it difficult to access the parking pad at his home.
On April 9, 1998 this office received a memo from Councillor Prue with an attached letter from Ms. Ethel Koumarellas,
142 Oak Park Avenue, concerning a widening of the parking pad at 140 Oak Park Avenue and it=s effect on the length of
the parking space between the parking pads at 140 and 142 Oak Park Avenue.
Discussion:
Department staff have been mediators between the residents of 140 and 142 Oak Park Avenue in an on-going dispute over
use of curb space adjacent to 140 Oak Park Avenue for parking. There are three issues are interrelated:
- The parking pad at 140 Oak Park Avenue;
2.The curb space adjacent to 140 Oak Park Avenue, between the parking pads at 140 and 142 Oak Park Avenue, and;
- The effect of the proposed ANo Parking Anytime@ zone on the existing Overnight Permit Parking regulation on Oak
Park Avenue.
These issues are discussed below.
1.Parking Pad at 140 Oak Park Avenue
The owners of 140 Oak Park Avenue obtained a Residential Boulevard Parking Licence for an existing parking pad in
September 1995. They were required to reduce the width of the existing pad from the existing width of 2.74 metres (9.0
feet) to the maximum 2.44 metres (8.0 feet) that was permitted under the by-law. Mr. Dinatale subsequently reduced the
width of his pad to 2.44 metres by adding a wooden strip along one side.
Subsequent to this, the by-law was amended to change the date in which residents could apply for a Special Licence for
parking pads that existed prior to regulatory by-laws. The effective date was changed from April 17, 1950 to October 17,
1966. When Mr. Dinatale obtained a Special Licence for his parking pad, staff erroneously advised him that he had to
maintain the 2.44 metre width that was previously approved. In fact, he would have been eligible to widen the pad back to
it=s original width of 2.74 metres. Staff are willing to revise his licence if he wishes to widen the pad to its original width
of 2.74 metres.
- Curb Space between 140 and 142 Oak Park Avenue
In 1995, parking pads at each property were approved, leaving a 5.1 metre long curb space between the parking pads. The
Uniform Traffic By-law restricts parking within 0.6 metres of a driveway, therefore the legal parking area would be reduced
to 3.9 metres. This parking space may fit a small vehicle, however the owners of 140 Oak Park Avenue have expressed
concern that larger vehicles may park there and block access. Conversely, other residents have viewed this area as a parking
space and use it as such whenever possible.
The owners of 140 Oak Park Avenue have taken various steps to reduce the use of this curb space for parking. This office
received a complaint in November 1996 that the curb beside the parking pad at 140 Oak Park Avenue had been painted
yellow to indicate the necessary clearance for the parking pad. Staff investigated and found that the painted area actually
extended 1.6 metres beyond the legal edge of the parking pad at 140 Oak Park Avenue, reducing the apparent legal curb
space to 2.9 metres long. Since painted curbs have no legal standing under East York by-law, staff removed the paint.
Complaints have also been received about constant enforcement by the Toronto Police Parking Enforcement Unit for
perceived parking infractions of vehicles encroaching into the 0.6 metre clearance to the parking pad access at 140 Oak
Park Avenue.
Ms. Ethel Koumarellas, 142 Oak Park Avenue, expressed concern in her letter of April 7, 1998, about the apparent
widening of the parking pad at 140 Oak Park Avenue and its effect on the curb space between the parking pads. In fact,
there would be a negligible beneficial effect on this street parking space if the residents of 140 Oak Park Avenue were
required to narrow their pad.
The curb space on the street would not be considered a legal parking space because it is not long enough. Parking spaces
must be at least 5.5 metres long to qualify as a space for overnight permit parking use. If the wood barrier were to be
reinstalled, the reduction in the width of the parking pad at 140 Oak Park Avenue would only be 6 inches, which would
have no significant effect on the curb space and it=s use for parking. Staff concur with Mr. Dinatale=s concern that larger
vehicles block access to his parking pad. Therefore, we are recommending that it be regulated by a ANo Parking
Anytime@ restriction.
A similar situation occurred on Millwood Road in July 1994 in which a 4.9 metre curb space between legal parking pads
was being used for parking, subsequently blocking access to the adjacent parking pads. Borough Council approved a ANo
Parking Anytime@ restriction in this area to eliminate the problem that the adjacent residents were having with parked
vehicles blocking their access.
- Overnight Permit Parking on Oak Park Avenue
Presently, the Overnight Permit Parking By-law No. 20-96 states that there are 37 overnight permit parking spaces
available on Oak Park Avenue. Staff studied the available curb space on Oak Park Avenue to determine if the installation
of a ANo Parking Anytime@ zone adjacent to 140 Oak Park Avenue would reduce the number of available overnight
permit parking spaces. Our study showed that the curb adjacent to another property is long enough to accommodate a legal
parking space but was not included as such when the street was initially studied. Therefore, the implementation of a ANo
Parking Anytime@ zone adjacent to 140 Oak Park Avenue will not affect the available overnight permit parking spaces. It
should also be noted that for the past four permit periods, about 27 permits (73 percent) of the 37 available permits have
been sold.
Conclusions:
Department staff have been involved in an ongoing dispute between the residents of 140 and 142 Oak Park Avenue
regarding the curb space between their parking pads. Staff concur with Mr. Dinatale=s concern that owners of large
vehicles may see a small vehicle parked in this curb space and, believing that it is a parking space, proceed at a later time to
park their vehicle there and thus block access to his parking pad. He requested a ANo Parking Anytime@ zone be
implemented adjacent to his property to prevent this from occurring. This situation is similar to an issue on Millwood Road
in July 1994, in which Council approved the installation of a ANo Parking Anytime@ zone to eliminate the problems
caused by vehicles blocking parking pads.
An investigation conducted by staff revealed a parking space adjacent to another property on the street that is long enough
to accommodate another space. Therefore, available parking on the street will not be affected if this ANo Parking
Anytime@ zone is implemented. It should also be noted that the street has not sold out of overnight parking permits in the
last four permit periods.
Contact Name:
Bryan Muir, Transportation Technologist
East York District
778-2227
bmuir@borough.eastyork.on.ca
RICHARD Z. TOMASZEWICZ
Commissioner of Development Services, East York
