Agenda Item # Page

95Parb/B. Page

That, on the recommendation of the Commissioner of Planning and Development, t~e followingResidential Front Yard and Boulevard Parking policies BE APPROVED with respect tostreamlining the processing of applications for exceptions to residentiaI front yard and boulevardparking restrictions in the Zoning By-law and the Streets By-law:

no changes be made to file eun’ent practice of the Co~rnittee of Adjustment acedpting anddeciding on mhmr variance applieatlons to the Zoning By-law where all or part of theboulevard and front 3)ard parking area is on private residential lands;

the authority to grant boulevard p~rking approval with appropriate conditions, be delegatedto amunicipal staffcommittee comprised era representative from the Planning Division, theTran~rtafion Di-~ion, the Urban l~oresb~j Division and ~e C~e~ks Departr~er~t. Themandate of the Com~nittee is to review and approve applications for low density residentialparking spaces located wholly on the municipal boulevard. Applications will be circulatedto all property owners within 60 metres (200 feet) of~e subjeet site;

c) where the application for boulevard parking is refused by the staff committee or a writtenobjeetionlo the boulevard parking decision is received within 20 days of the mailing of thed~eision, a report shall be prepared and forwarded to the Planning Committee for a publicparticipation meeting and a recommendation for a decision by Council. The decision ofCouncil is final.

This report is prepared in response to the following Planning Committee direction:

At its meethag held on 7uIy 26, 1999 the Plarming Com_rnittoe (PC) ~sked the Coro_~issioner ofPlanning and Development to review the City’s Residential Front Yard and Boulevard ParkingPolicy with a view to drafting an amendment that would support boulevard parking on single family,owner-0ccupied dwelling lots. (29/20/PC)

The main intent of this direction is to s~eamline He current process of reviewing exceptions toresidential front yard and boulevard parking regulations and ~:educe the involvement and ti~ecomarftnaent xequired of a Council Conuni~ee on ~ese neighbourhood realness. The matter wasbrought back to Planning Committee on February 14, 2000, by way of a staff repor~ outiinhag anumber of oppo~mities for the Committee to consider. Plann~g Committee directed to staff tocirculate theproposed changes to theUrbanLeague and associated community associations for theircomments.

Age~da Item # Page # 2

95Parb/B. Page

There are currently two approaches for reviewing applications for residential boulevard parkingexceptions; i) shared between private property and the boulevard and ii) 100 % located on theboulevard (see following flow chart):

i) where all or part of the parking area is located on privately owned land, anan~endraent apptieationis made to the Corm’nittee of Adjustment for a minor varianceto the Zoning By-law. Notice of the application is circulated to neighbouringproperty owners within 60 metres (200 feet) of the subject property and a publicmeeting is held before Committee of Adjustment. Approved applications areconditior~al on the applicant obtaining a boulevard parking agreement with themunicipality, Once the conditions of the agreement are satisfied, the agreement isregistered on the title of the property. Appeals to the decision proceed to the OntarioMunicipal Board.

ii) where 100% of the parkLug area is on the public boulevard, an application is madeto Council for its review. The application is p~oeessed in a similar manner t6 theCommittee of Adjustment process with the exception of a public n’xee~ng held beforePlauning Committee. Again, approved applications are conditional on the applicantobtaining and completing the conditions of a boulevard parking agreement. Thecompleted agreement is registered on the tire of the property. The decision ofCouncills fina!.

Existing Zoning Regulations:

The existing par/ring criteria allows parldng in a driveway in the front yard where thedriveway leads to a parking area located, in a garage, side yard or rear yard of the dwelling.As a controlto protect residential character, aesthetics and streetscapes, parking areas are notpermitted in front of the habitable portion of dwellings,

Except as noted in the following point, the zoning regulations for a residential lot allow foramaximnm driveway width of 40% of the lot width, to a maximum of 6.0 metres (19.6 feet).This maximum can be acbAeved oi3 a 15 metre (50 feet) lot width where the driveway leadsdirectly to a parking area.

Earlier this year, 1V~tmieipal Council approved amendments to ZonLug By-law Z.-1 withregard to residential lots which have a tot frontage of 12 metres (39.3 feet) or less. Onecomponent of the amendment increased the driveway width from 40% of the lot width to50% of the lot width to a maximum of 6.0 metres where any portion of the driveway leadsto a legal on site parking space in a side yard, rear yard or carport!garage. The amendmentprovides an opportunity for a maximum two car width on a 12 metre (39.3 feet) wide lot anda 1.5 car width (4.5 metres/15 feet) on a 9,0 metre (29.5 foot) wide lot. This provisionallows the location of a portion of the parldng area in front of the ma~ part of the buildingprovided there is a minimum of 5.5 metres (I 8 feet) of the expanded driveway on privateproperty.

Boulevard Parking Appliegtions 1998-Present:

In 1998, the Committee of Adjustment received nineteen applications relating to front yardparking. Ofthe nineteen applications, seventean were granted with conditions and two wererefused. In 1999, seven applications were submitted for front yard parking. All sevenappliealions were approved with conditions. In 2000, tweIve applications have been receivedby.the Committee. Of the 12 received, 10 have b,een processed and approved. Some of the

Current City of LondonFront Yard and Boulevard Parking Process

Is anyposen of the parking

area on privateproperty?

Boulevard ParkingApplication to

Planning Committee

Check Application forcompleteness including

proper drawings

~as the currentparking area in

existence in August1995

I rNo Yes

C of A circulates theapplication within 200’

of the site and tocommenting agencies

¯ C of A decision onapplication?

Yes Yes

~dlsmiss

appeal appeal

Enter into a boulevardparking agreement

Fulfill conditions of theagreement

approvalL__

Check Application forcompleteness,

including drawings

Was the currentparking area in

existence in August"~995

No Yes

Planning Divisioncirrculates the

application within 200’of the site and to.

comment ng agencies

PC Recommendation

Council Decision onApplication

refusal

95Parb/B. Page

decisions have included conditions and required modifications to the applications. Therehave been no appeals to the Ontario Municipal Board.

In 1998, the Planning Committee heard seven applications relating to residential boulevardparking ofwulch all seven were approved. In 1999, the number of applications decreasedto four. In 2000, five have been considered by the Comlrfittee and all five have beenapproved with some of the applications having to be modified significantly. The currentpractise has worked effectively with all applications receiving fair, consistent and timelyprocessing.

The Planning Division has considered several alternatives to the exist~g process. The differencesare the degree to wulch the public arid Council are involved in the process.

1. Delegate Boulevard Parking Applications to the Committee of Adjustment

i)

This alternative gives property owners the ability to apply to the CommAttee of Adjustmentfor relief from the provisions of the Traffic and Parking By-taw PS- 108 and Zoning By-lawZ.:I, for parking located wholly on the public boulevard and not providing the requirednumber of on-site parldng spaces for a residential lot. Section 45(3) of the Planning Act,gives Council the opportuuity to delegate authority to the Committee of Adjustment, forvariances to any By-law wulcliimplemants the 0 fficialPlan. The Committee of Adjustmentcould hear an application for relief from the parking requirements of the zoning by-law andevaluate the impacts of a proposed boulevard parking space on the neighbourhood. Anapproved decision from the Committee would require a condition that a boulevard parkingagreement from the City of London be obtained and maintained for the recommendedboulevard parking area. This approach would add to the existing responsibility of theCommittee and include direct public mail notice of the application, review by staff and apublic meeting before the Committee. Where the applicant is successful they would berequired to register an agreement on the title of the property.

The advantages of this approach include:consistency with the approach used to vary the Zoning By-law;use of an existing adminisV~ttive structure to process applications;the public has an opportunity to participate in the application before a decision isreade.

ii) Disadvantages of this approach include:¯ the Traffic mid Partdug By-law PS- 108 is not site specific unllke the Zoning By-law;

the Ontario Municipal Board has offered the opinion they do not have the jurisdictionto deal with any decisions or appeals applicable to the publicly owned boulevard;significant administrative costs for the City and fees for the applicant;

¯ adds to an already heavy workload for the Committee of Adjustment.

Delegate Applications for Boulevard Parking to be located wholly within the Boulevard toMunicipal Staff

Before the current boulevard parking process, an administrative committee comprised ofrepresentatives from the Transportation Division, Site Plan Division, Police Department,Clerks Department and the Urban Forestry Division reviewed and decided on all residentialboulevard parking applications. The decisibn of the committee was sent to the applicant andproperty’owner~ within 60 metres (200 feet) of the subject site. The decision could beappealed to the Environment and Transportatipn Committee for reconsiderat~o~ of theeo ~mmittee decision. This deeisiQn of Council was final.

4

95Parb/B. Page

Council could, by way of by-law, create a similar administrative committee to review anddecide on low density residential boulevard parking applications. Where the applicationconferees to all of the Council approved boulevard parking policies and regulations, thecommittee would approve the request and proceed to register an agreement on title withnotice of the decision given only to the applicant and any member of the public wlio hasrequested notice. If the application does not conform to policy, staff would refuse theapplication with notice to the applicant and any member of the public who has requestednotice. The applicant, or any other person receiving notice, could appeal the decision toPlasming Committee. A public participatiou meeting would be held and the decision ofCouncil would be final.

i) Advantages of this approach include:¯ an administrative structure with representatives from the appropriate disciplines to

deal with applications as prescribed by municipal regulations;public opportunity to participate on applications that do not conform to Council-approved boulevard parking policies;the streamlined review and approved policies would warrant a reduced applicationfee; end

¯ consistent application of the policies as set by Council.

ii) Disadvantages of this approach include:¯ loss of political involvement prior to the decision; and¯ may result in appeals wtfieh will delay the process and involve Planning Committee.

Public Comments from the Circulation

A number of community associations, the Urban League, and the London and St. Thomas RealEstate Board contacted the Plarming Division for fmther information and clarification on the matterof boulevard parking. All comments reflectedsupport for the reeommanded revisions since theamended process would not impact on the existing regulations or the review criteria. A nmnber ofthe respondents have commented on the need for the municipality to reconsider on-street permitparking as an alternative to utilizing green boulevard or front yard space for the parking ofautomobiles.

Owner Occupied Dwelling Lots:

The direction of Planning Committee suggested that a more permissive approach be taken toboulevard parking associated with owner occupied dwellings. Conversely boulevard parking fordwellings which are rented would be subject to more stringent requirements. This distinction is’notan appropriate basis on which to evaluate boulevard parking applications for the following reasons:

the City does not regulate on the basis of tenure through the Zoning or Traffic andParking By-law PS-108; mid,enforcement of regulations based on tenure would be difficult because there is noextemat visual indication of dwelling unit tenure.

Delegate Applications for Boulevard Parking located wholly on the Boulevard to Municipal Staff.

The above approach provides consistencywiththe current approach ibr front yard!boulevardparking where a portion of the parking area is located on private property. Striking anadministrative committee to hear ~ese requests would allow the appropriate municipaldepartments to apply municipal regulations and policy in a consistent manner, streamlinethe, existing process thereby ,all~wing a reduction in We application fee, mud reduce the

REVISED

Proposed City of LondonFront Yard and Boulevard Parking Process

Front Yard - Minor /Varinace Apptiaation~--Yes--

completenessincluding proper

Was the currentparking area in

existence [n August1995

C era circulates theapplication within60m(200ft) of the site and

to commentingagencies

~ C erA public meeting

0 of A decision onapplication?

appeal

dIsm’~ss L...~ up~oldappeal appeal

~-~ App ication Refused

Is anyportion of" the parking

area on pdvateproperty?

Boulevard ParkingApplication toAdministrative

Committee

Was the currentparking area in

existence in August1995

-approved,

I INo Yes

tion } [application

Ap~iioatien Cirrcolatedwithin 60m (200if) of thesite and to commenting

agencies

AdministrativeCommittee reviews

application and publicinput

refused or modified

Enter into a boulevard [.parking agreement

~_ approval

Fulfill conditions of the Lagreement --

Register theboulevard parkingagreement on title

~pplication~’~

yes

Notice of a publicmeeting

Planning CommitteePublic Meeting

P~anning CommitteeNecommendation

Council ~ecisien dnApp icat on

Application Refused-~--~

¯Z-5942/B. Page

amount of time that Plarming Committee has to spend on these matters while preserving theopportunity for public input and appeal.

Upon receipt of the application, the Planning and Development Depaltment will circulate theapplication to property owners within 60 metres (200 feet) of the site and to the appropriatecommenting agencies. Comments will be received and an administrative cormxaitteecomprised of representatives from the Transportation Division, Planning Division, ClerksDepartment and the Urban Forestry Division will. meet and discuss tie merits of theapplication and ~nake a decision. The’ decision may include modifications to the originalapplication to better meet Council policy and the unique naa~re of the site/area.

Pub/de circulation, would be similar to the mLuor variance approach, however, there wouldbe no public meetingheld. Allpublic responses, letters, faxes, e-mails, orphone calls, wouldbe considered in the decision of the Committee. Similar to the Con~uittee of Adjustment,v~itten copies of the decision wouid be provided only to those people who request copies.

The decisionwill be circulated to ~e applicant and any member of the public that requesteda copy. The decision will be subject to a 20 day appeal period N which the matter may beappealed by the applicant or member of the public to Plantting Committee.

If the matter is not appealed, the applicant will be required to enter into a boulevard parkingagreement and to satisfy the conditions of the agreement,

If the application is appealed, staff will prepare areport to Planning Committee mid scheduleapublic meeting, The decision of Councilis final,

A copy of the CounciIpolicy on boulevard parking has been attached to this report.

Under the era’rent practise, where all or part of the parki~g area is located on privately owned la~d,an amendment application is made to the Committee of Adjustment for a m~or ~arianee to theZoning By-law. Where 100% of the parking area is on the public boulevard, an application is madeto the Harming Committee for a boulevard parking permit. To date, this process has workedeffectively; however, in an attempt to streamline the process, staff have reviewed a number ofprocedural alternatives. Specifically, an administrative committee, comprised of numerousdisciplines could be stnmk to review boulevard parking applications where the proposed parking areais located entirely on the city boulevard. Plarming Committee would act solely as an appeal authorityin this process. The current process utiliz~g the Committee of Adjustment for front yard parkingapplications locate wholty or partially on privately-owned lands, should be retahaed. Otheralternatives tO assist in reducing the number of applications, such as grandfathering and on-streetpermit parking could be reviewed further at Council’s request.

September 11, 2000BP/

LO PURPOSE. OF POLICY

The purpose of this .policy is to set out the Council’s position with respect to thecreation of Front Yard and Boulevard Parking in the City, These two types of parklng. are allowed by the City only on au "exception basis", end this pc!icy includes criteriafor consideration of such exceptions, standards relating to these types of parking, anapproval process, a standard form agreement and an eM’orcemeat process.

Front yard portlon~ at" priest0 laud may be used got parking ai’eas according t~, theregulations and standards set out in the City o~ London Comprehensive Zoniog By-law(s) or as a result of an approved minor variance.

Comblued. Zoning/Min0r Variance a~ld Boulevard, pa~:kitm Agreement/~xeepttun

When a situation exists where the proposed parking area is partly on the owner’s landand partly on the boutevard portion of the public ixighway, the owner must obtain hath

¯ a minor varlauee .~nd aboulevard parking agreement. In ffmsc eases if the Committeeof Adjustment grants the minor v~ianc~ it will contain a condition requiring the ownerto enter lnlo ~o boulevard parking sgreemant without a soparato approval for it beingreqa~ed from ~ CoundL

Boulevard Parldng Aereemenf Exception

Boulevard portions of public highways may be used £or parking areas with the approvalof th~ Council and in a~¢otdan~ wRb tetm~ and conditions ~t out in an agreemen~is entered into between tim City a~ th~ o~er of the property adjoining ~ boulev~dpm o£ ~e Mghway/sU~et.

The Corporation o~ the City of London generally prohibits £t~ use of the i’ront yard orof th0 boulevard for the parking of motor vehic|es in single detached, semi-detached,duplex, ~triplex or street townhous¢ residential areas. Exceptions to this policy, .mayonly be granted where the applicant has obtained approval For a minor variance fromthe Committee uf Adjustment or for use of!he boulevard from Council, and where suvhparking complies with the policies outlined hereM.

?Cote: tin h~o~maaon brochure tidal summarizes adspollcy is available frmn the CRyClerk’s Department, ~uite ~08~ CiO’ Hall, 300 Dufferln Avenue (X-SIg-66X-4939},

! !~.Q DEFINITIONS ! ,

Boulevard shall menu that portion of ovary road allowanea within the limits of the Cityof London flint is not used as a sidewalk, driveway, travelled roadway or shouldar.

City slmil mean the geogmpbleal area of the City of London

Corporation shall mean The Corporation of the City of London.

Council shall mean the Municipal .Council el/ the City of London

t

Driveway sh~ [1 mean the physically designated area lying betwe, en the roadway and thelot line on th~ boulevard and between the lot line and the parking area on the lot ’usedprimarily for ,’ehicular ingress from tile roadway to ti~e private property or for vehicularegress from property, to the roadway.

Front Yard stlall mean those lands extending across the full width of a lot between the

front toi line alnd the nearest main wall of any btdlding or structure on the lot.

Owne I .r shall mean any property owner or his authorized agent who applies to theCorporation fo~ permission to park On a portion of the Corporation’s boulevard.

Parking Areai shall mean that area which, in whole or part uses the front yardnd/or boulevard for [he temporary parking of motor veh,eles accessory to a permitted

l~:0adway sball mean the part era highway that is improved, designaled or ordinarilynsed for vehicular traffic, but does not it~elude the shoulder, and where a hlgbwayincludes two or~ more separate roadways, the term "Roadway" refers to any one road’way separately land not to. all the roadways collectively.

:3.0

3.1 Suitable Alter, natives

The approval o~f front yard or boulevard parking witl not be supporled by Councilwhere a sultabl~ altefnatlva exists for parking entirely on tim owner’s property, asdescribed in end or more of the folIowMg situation:

l .(a) Tandem parking is avatlabl~ in a legal existing driveway when the l~d use is

zingle de~¢hed dwellings;

’(b) The use of rear service l~es i~ po~ible where such lanes are ae~ssible and in

use by m ~rc th~ one property owner;

(c) The remc’~al of, alteration to or relocation of ac~esso~ buildings or.s~uetures,fences ~ t landseaplng will result in ~� accommodation of pining entirely onth~ o~e~ ’s prOpv~y; anger

(d) The side ~or rear yard of ~� lot Cml be used for a parking area, providedsuch park tug area’doe~ not occupy more ~an 25% of the total lot ~ea.

3.2, ,~Crlt~da ,~o ~ Approval of ~, ~xeepllon,

The approval ~ a front yurd or boulevard parkhlg exception may be supposed byCo~eil where ~e appli~tion for an exception meets the following criteria:

(a) Ho~e of ~e p~kmg ~ea ~ternattves descrlbed m Section 3[~ of thl~ pohcy ~e

avmlabl~. .

(b) The parking area ~xeeption cou~orms to the general [nlent ~d purpos~ of theOfficial P~an policies and Zoning By-law regulation;

/(e) ¯ Th~ p~ki~g ~ea exception is generally in complianc~ with the purpose and

intent of ~� S~ts By-law; .

¯ (d) The change to the Zoning By-law regulations for tire residential parking area is minor;

Tha parking area is generally in keeping with the seam and form of parking onsurrmmding properties and will have minimal negative impact on existingvegetafio0 and/or municipal services.

3.~;., Front Yard and Boulevard Paridn~ Stat~dgrds,

Tile following minimunn and maximum standards apply to parking area exceptions.’They are intended to generally reflect the standards currently found In the Zoning By-law as they apply to parking areas for single, semi-d~taehed, duplex, converted tw~ (2)mill type dwellings. . : . ~,

No parking area wilt be approved which conflicts with any by-laws or regulat!onb ofthe City of London, .

Number of BoulevardParking Spaces (maxhnum) per legal dwelling unit

(b) Parking Area size (minimum). 2.7 meters (8.8 feet) wide by 5.5meters (18.0 feet) long.

(0

Parking Area andDriveway Width(maximum)

Parking AreaLot Coverage(maximum)

maximum 6,0 m. (19.7 fee0 or 40%of the front lot line whichever isless but in no ease less than 2.7meters (8.8 fee0.

40% of the land area between thefront of the main building and theroadway.

Tile Parking Area Janglh slmll not be permitted parallel to the street line.

(0 The Parking Area simti not be permitted closer than 1.0 m. (3.0 feet) from anexisting or future public sidewalk.

(g) In the case of comer properties, where a driveway would be constructed within10 meters (30 fee0 from tile intersecting read allowance, approval forpermission will be at the discretion of the City Engineer subject to tilelbrovislons of the Streets By-law (By-law 8-1). .

(h) All parking areas and driveways ~hall be provided and maintained with a arablesurface, treated to prevent tile raisMg of dust or loose particles, sudi as anyasp.halt, concrete or other hard-surfaced material.

0) The ,Corporation reserves the right to require landscaping, fencing and bufferingon ahd around the parking area and/or to require the preparation by tile ownero~ a silo plan for the parking area. I " "

4.0 EXCEPTION POSS/BILIT/ES

4.I Where the parking area is entirely in the front yard of private lands, anapplication to the Committee of Adjustmant for a minor variance to the ZoningBy-law is required. No Boulevard ¯Parking Agreement is required for part of adriveway leading to a legal on-site parking space.

4.2

4.3

When any.part of the parking area can be accommodated on private lands, thisleo req~tlres an application to the Committee of Adjustment for a minor varianceto the applicable Zoning By-law. in addition, as a condition of minor varianceapproval," the owner must enter’ into a Standard Form Boulevard ParkingAgreement with the Corporation. The final approval of tim minor varlanco willallow the City Clerk Io prepare an agreement between the Corporation and theapplicant Without further app,’ova}s: ..

Where the parking area can only be accommodated entirely on the publi~boulevard, an application to the Planning Committee of the Council, through theCity Clerk’s Office for boule’$ard parking is required. The Planning Divisionwill prepare and present a report to the Planning Committee at a public meeting.

¯The Planning Committee will than reeommand approval or refusal of theapplieatlon to the Council, and the Council will make the final decision.

PROCESS FOR CONSIDERATION OF I~XCEPTIONS TO FRONT YARD’.ANDBOULEVARD PARKING

The decision to grant I?ront yard and/or boulevard parking is based on a process whichincludes comments from theapplicant, municipal staff, ueigbbouring property.owners,and the public. This approach recognizes file standards set out in Section 3 of thispolicy and the possibility of unique neighbourhood expeetations about the parking area,

5.1

5.2

5.3

5.4

The application fees for both a minor variance and a boulevard parkingagreement are set by By-law CF-6, as ameoded from time to time. (Tile 1995fee for each "process is $525) All applieatlon fees are non-refundable. Wherethe exception involves a boulevard parking agreement, the applicant must alsoprovide the City Clerk with a cheque in the amount of $50.00 made payable tothe Minister of Finance of Ontario to ~over the costs fpr tha registration of theagreement on title through a by-law instrument.

Any application for front yard and boulevard parking must include a planprepared to scale showing the. location of the buildings, trees, public utilities,landscapiog, adjoining properties and building locations where possible¯ and thedimensions of (he proposed parking area. Tbls plata must b~ suitable forinclusion in tile Standard Form Boulevard Parking Agreement to be entered intobetween tile owner and the Corporation. It is strongly recommended that il~eplan be based on a survey drawing of tile property because it is tireresponsibility of the owner to ensure that there are no eneroaehmants ontoadjaeent properties.

Applications that are going to the Committee of Adjustment because theyrequire a minor variance will be circulated by the Secretary-Treasurer of the saidCommittee in accordance wifll thi~ Regulations under the Planning ~4ct (tovarious Civic Departments, outside agencies and to all property owners within60 ~metera (200 feet) of the applicant’s property). Applications that are goingto a publlo participation meeting of the Planning Committee because a boulevardparking agreement, is xequired wil! also be. circulated tot all properlyowners.within 60 meters (200 feet)~ of the applicant’s property a~ad tb’the Environmental~ervices Department (i.e, City Engineer) and the Planning and’ Development.Department.

A public meeting of either the Comminea of Adjustment or of the PlanningCommittee is normally held within 30 days of the application being received, atwhich the applicant and any interested surrounding property- owners would beinvited to comment on the appropriateness and desirability of the front yard orhotdovard parking application.

5.5 For minor variance exceptions to front yard parking, the. decision of theCommittee of Adjustment~may he appealed to the Ontario Municipal Board: Forboulevard parking exception applications, the decision of Council is’ final andbinding.

6.0 BOULEVARD PARKING AGREEMENT

7.0

6.1

6.2

6.3

8.0

The conditions of agreement will be those contained in the StandardFormBoulevard Parking Agreement adopted by City Council as amended from tzmeto time.

Wizen the Bonlevard Parking Agreement lras been fully executed by theapplicant, the City Clerk will prepare and submit to the Council a standard form’executory by-law to aotborize the execution of the Boulevard ParkingAgreement .,b.y the Corporation. Upon e aaetment of the by-law, by the Council,the Corporatto’n will sign the Agreement after which, and subject to

(I)the receipt from the applicant by tbe City Clerk of the registration fee

referred to in sectiou 5.1 of this Policy; and ’

(2) written advice from Ihe Director of Planning and Development (i.e. Site¯ Plan Administrator) that it is appropriate to proceed

the City Clerk will register the Boulevard. Parking By-law and Agreement On thetitle of the property. The City Clerk will provide the applicant with a copy ofthe registered by-law/agreement showi.ng all the regislration parfieulars.

Boulevard Parking Agreements will be witbout a term certain and will run withthe land upon which they are registered provlded’the parties to the agreementare in accord, and all of the conditions of Corporation. as set out in theagreement have been and are being complied with to the satisfaction of the CityEngineer.

CONSTRUCTION OF THE PARKING AREA

7.1 The removal of a City curb is to be done by City Forces at the owner’s expanseafter a curb cut permit is obtained from the City Engineer’s Department.Paving, removal of trees and reloealion of utilities, or any other constructionwork is to be arranged by the owner through-the affected City Department,ntility or agency, at the owner’s expense, on the understanding that the approvalof tire City Engineer must be obtained before commencement of anyconstruction work flint is required.

7.2 In the event tbat trees or utilities must be removed or relocated, written .approval

must be obtained by the owner from the appropriate authority before theapplication will b~ processed.

FRONT yARD AND BOULEVARD pARKING ENFORCEMENT

g.l Parking on the boulevard .or in the front yard shall not.be~in~

(1) in the case’ of parking under a boulevard parking agreement, until theCity Clerk has completed registration of the by-law/boulevard parkingagreement, instrument in tire.Registry Oftiee, or

in tbe ease of parking .under a minor variance, until the decision of theCommittee of Adjustment (or of the Ontario Municipal Board wherethere is an appeal) is final.

8.4

Violallons of any of lhe provisions in lhe Zoning By-law, llne Traffic By-law orIhe Streets By-law with respect to front yard and boulevard, parking tdm~l beenforced at the discretion of the municipal cnforeemen(agen~ieSl . : ~’ ~

In situations where a decision is reached not to appr0v~’ fronl yard ~or bogl’e~ardparktng, the Clty-Engmeer!.may clos~:dlega!, aeegss~s wtth proper eurbtng andrestore (he appearance of lh~ area as a prop~" bbal~vard at theie~t~ns~ of t[i~offending property owner. , , ~

Where no boulevard .parking agreement has" been finalized on Ihe basis outlinedin paragraph 6.2 of this polley, ll~e Corporalion reserves .the right’ Io erect,temporarily, tiny obstacles necessary to prevent the use of the boulevard forparking, and, at the same time, tho City Clerk may recommend to the PlanningCommltlee that tile original approval for such owner’s agreement to pm’k on riteboulev~d b~ ~seinded.

t !