|
|
|
|
|
|
|
|
|
|
|
TO: |
Mayor and Members of Council |
|
|
|
|
FROM: |
Jim Baird, Commissioner of Development Services Valerie Shuttleworth, Director of Planning & Urban Design |
|
|
|
|
PREPARED BY: |
Dave Miller, Senior Planner |
|
|
|
|
DATE OF MEETING: |
|
|
|
|
|
SUBJECT: |
Front Yard Parking in Residential Areas Proposed By-law Amendment |
|
|
|
RECOMMENDATION
That a Public Meeting be held to consider amending the
Town’s Zoning By-laws, as amended by By-law 28-97, the Town’s Parking Standards
By-law, to clarify the permitted location of motor vehicles parking on
residential lots.
PURPOSE
The purpose of this report is
to provide background information on how motor vehicle parking is regulated in
front and exterior side yards of residential properties. The report also outlines some of the issues
resulting from the current by-law provisions and some of the changes to the Town’s Parking
By-law, By-law 28-97, that could be used to refine these controls and simplify
enforcement.
BACKGROUND
Homeowners are widening their driveways to
create more parking
Many
homeowners in the Town have widened their driveways to accommodate additional
front and exterior yard parking. Such
actions are not in keeping with Parking By-law provisions intended to control
and regulate permitted parking areas.
However, the By-law Enforcement Division has had difficulty enforcing
these provisions because the courts have viewed the current provisions as ambiguous.
The
concern about front yard parking relates to, amongst other issues, the
unsightliness of front yard parking, decreased property values, reduced landscaping and outdoor amenity space and the
potential for derelict and/or commercial vehicles parked in residential
areas.
The definition of “Driveway” allows
front yard parking
The
Town’s Parking By-law limits the location of motor vehicle parking in a front
or exterior side yard, to a driveway.
Where “driveway” means:
“…a defined area providing
access for motor vehicles from a public or private street or a lane to
facilities such as a parking area, parking lot, loading space, private garage,
building or structure.”
This
definition applies to residential and non-residential driveways and
unfortunately, a liberal interpretation of driveway width has been taken by the
courts when applied to residential properties, such as single detached,
semi-detached and townhouses. The intent
of this provision is to restrict motor vehicle parking to a driveway that leads
to a private garage. However, as
defined, driveways not only lead to private garages, but also to parking areas,
parking lots, loading spaces, buildings or structures. Therefore, a “driveway” could be interpreted
to lead to the dwelling itself and motor vehicles, arguably, could park in
front of the dwelling.
A number of provisions should
be changed to clarify where motor vehicles can be parked
To
resolve these issues staff are of the opinion that the
following revisions to the By-law are necessary:
·
the definition of garage
width needs to be changed;
·
new provisions need to be
added to the By-law to regulate the maximum width of residential driveways, for
lots with and without garages;
·
new provisions need to be
added to the By-law to clarify that motor vehicles can only park within this
defined area; and
·
a provision to allow for circular driveways would also be included in the
amendment.
These matters, and any others identified at
the Public Meeting, will be addressed in a final staff report to be presented
to Development Services Committee at a later date.
CONCLUSION
The By-law should prohibit parking on a
front or exterior side yard except on a driveway
Any
amendment adopted by Council should clearly prohibit parking in a front or
exterior side yard, except on the driveway between the garage and the street
line. The intent is that the amendment
is for clarification and would not “grandfather” existing contraventions. We will finalize appropriate language in
consultation with the Legal Department.
The By-law should also make allowance for front yard parking on
driveways in non-typical situations, such as circular drives and dwellings with
no garages.
Clarifying residential parking
provisions may generate requests for on-street overnight parking
To
reduce the enforcement impact caused by clarifying the provisions in the
By-law, the Town’s overnight permit parking program could be expanded into
designated residential areas. The
Clerk’s Department has had success with this permit parking system in Cornell
and Thornhill (Tamarack Cr. and
It
is appropriate to hold a Public Meeting to consider the proposed changes to the
Town’s Parking By-law (By-law 28-97). A
staff report on the proposal should be brought forward following the Public
Meeting.
FINANCIAL CONSIDERATIONS
None
at this time.
ENVIRONMENTAL CONSIDERATIONS
Landscaping such as
trees, shrubs, flowers, grass and other horticultural elements are less likely
to be replaced with hard surface areas such as stonework and paving.
ACCESSIBILITY
CONSIDERATIONS
None
at this time.
BUSINESS UNITS CONSULTED AND AFFECTED
The business units consulted and affected include
Legal, By-law Enforcement, Strategic
& Policy Planning,
Transportation and Zoning Divisions.
|
|
|
|
|
Valerie Shuttleworth,
M.C.I.P., R.P.P. Director of Planning &
Urban Design |
|
Jim Baird,
M.C.I.P., R.P.P. Commissioner of Development
Services |
Q:\Development\Planning\APPL\ZONING\04 025944\front
yard parking report (draft_1).doc
