HomeMy WebLinkAboutCLD-033-08~hr~ngton REPORT
Leading the Wap
CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: December 1, 2008 ~~Ol~~~~C~~-b~ -~
Report #: CLD-033-08 File #: By-law #:
Subject: ZONING INFRACTION - KINGSVIEW COURT, COURTICE -
MR. ALFRED FRENDO-GUMBO
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-033-08 be received;
2. THAT the weight restriction contained in Section 3.16(g) of the Municipality's Zoning
By-law 84-63, as amended, be upheld on Kingsview Court, Courtice; and
3. THAT Alfred Frendo-Gumbo be advised of Council's decision.
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Submitted by: atti . Vii.., CMO Reviewed by: Franklin Wu,
unicioal Clerk Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905-623-3379 F 905-623-6506
REPORT NO.: CLD-033-08
BACKGROUND AND COMMENT
PAGE 2
On October 14, 2008, Council considered and referred to the Municipal Clerk correspondence
from Mr. Alfred Frendo-Gumbo regarding the parking of an overweight vehicle in his driveway.
The situation of the truck came to the attention of the Municipal Law Enforcement Officers
when investigating a complaint of a similar sized truck parking on the same street. This
vehicle was parked in violation of the Municipality's Traffic By-law 91-58, as amended, which
prohibits vehicles in excess of 5000 kilograms from being parked on the street in residential
areas.
Mr. Frendo-Gumbo was advised that the Municipality's Zoning By-law allows one commercial
motor vehicle to be parked on residentially zoned property provided the vehicle, at capacity,
does not exceed 4 tonnes. The vehicle in question has a gross vehicle weight of 6500
kilograms, 2.5 tonnes in excess of the maximum size allowed on residentially zoned property.
Mr. Frendo-Gumbo advises that each morning he drives to Toronto to load the vehicle and
then delivers the products and returns with the empty vehicle. He is, therefore, of the opinion
that he is not in violation of the Zoning By-law. As the vehicle is never loaded when it is in his
driveway, Mr. Frendo-Gumbo argues that the gross vehicle weight of a vehicle does not apply
in this instance and that he was issued the letter from the Municipal Law Enforcement Division
in error.
Vehicles registered as having a gross vehicle weight in excess of 4 tonnes are quite large.
The weight restriction included in the Zoning By-law is intended to prohibit these large vehicles
from parking in residential areas as they impede visibility for adjoining neighbours and local
traffic, causing safety hazards (see photograph attached as Attachment No. 1). In enforcing
the weight restriction cause in the by-law, the Municipal Law Enforcement Officers have no
knowledge of whether or not a parked vehicle contains a full load or not, thus the "at
capacity" gross vehicle weight must be relied upon.
REPORT NO.: CLD-033-08
PAGE 3
In order to maintain the integrity of the Zoning By-law and to ensure the safety of the residents
of the neighbourhood, it is respectfully recommended that the weight restriction for parking
vehicles on residential property be upheld and that Mr. Frendo-Gumbo be advised that the
requirements of the by-law were properly enforced in this instance.
Interested parties to be advised of Council's decision:
Mr. Alfred Frendo-Gumbo
REPORT NO.: CLD-033-08
Interested Parties List
Mr. A. Frendo-Gumbo
20 Kingsview Court
Courtice, ON L1 E 1 E6
PAGE 4
Attachment No. 1
To Report CLD-033-08
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