On June 10, 2019, Council voted in favour of continuing the city-wide suspension of enforcement for some driveway width infractions on specific types of properties (providing that specific criteria is met).
The criteria set out is as follows:
- That any driveway (residential) is no wider than five (5) metres;
- That there is no negative impact on lot drainage;
- That no hard surface shall be located closer than the 1.5 metres setback from a municipally owned or boundary tree and not incur loss or damage to the tree;
- That the remaining front yard, excepting the driveway (residential) shall be landscaped and no parking is occurring within this landscaped open space;
- That the boulevard portion of the driveway (residential) does not exceed 3.5 metres, and
- That City-owned water shut-off valves shall not be located within any portion of the driveway that exceeds the Zoning Bylaw sections as listed above.
As a result, staff will be following up with open complaint files relating to driveways of semi-detached and on-street townhouses to confirm that the specific criteria set is met or that the property is now in compliance with the Zoning By-law.
In order to ensure customer service levels are maintained, staff will be staggering follow up correspondence and inspections by street over the coming weeks. Below is the process that will be followed by staff:
No more than 2 weeks before the follow up inspection, the property owner will be mailed correspondence outlining Council’s decision (including the criteria), and the process that will follow (inspection, opportunity to comply with the Zoning By-law or, if possible, the criteria set out to suspend enforcement).
After the inspection, follow up mail correspondence will be sent, advising the owner the following (whichever is applicable):
• that the property now complies with the Zoning By-law;
• the Zoning By-law requirements to comply; and
• if the property has the ability to meet the criteria set out by Council for suspension of enforcement and what the property owner can do to meet that criteria.
If compliance with the Zoning By-law or criteria set out by Council is required, a timeline of 90 days will be given. After 90 days, an Inspector will re-attend the property to confirm whether or not compliance with the Zoning By-law or the criteria set out by Council for suspension has been achieved. If compliance with the Zoning By-law or the suspension criteria has been achieved, follow up mail correspondence will be sent, advising the owner of the following (whichever is applicable):
• that they now comply with the Zoning By-law;
• that they meet the criteria set out by Council for suspension of enforcement and an explanation of what that means (and doesn’t mean). Essentially that they do not comply with the Zoning By-law, but that enforcement has been suspended.
If compliance with the Zoning By-law or the criteria set out by Council for suspension has been NOT been achieved, legal action may commence.