Council made me proud at Tuesday's meeting.
We had been receiving e-mails ,possibly from every resident but one on Wetherfield Court the the last
couple of weeks.
A vehicle parked in the driveway of a residence exceeds the size permitted by the Zoning Bylaw.
An application for a variance to the bylaw was filed with and denied by the Committee of Adjustment.
The Committee is a quasi judicial body ,independent of municipal authority.
Refusal of an application for a variance provides a right to appeal to the Ontario Municipal Board.
It appears neighbors may have opposed the application to the Committee, as they have a right to do.
They were successful in their opposition.
Now they are requesting....forcefully....the town request status at the OMB hearing and support the Committee of Adjustment denial of the variance.
They also insist the town enforce the town's bylaw and compel removal of the offending vehicle.
The vehicle in question is required to transport residents, two of whom require wheelchairs. to get out and about.
Neighborhood indignation at having to suffer the inconvenience of seeing a bus in a driveway that exceeds the size permitted is unbounded.
Among the reasons I have given, in a civil and polite exchange for not being able to accede to their request, is the town's inability to physically compel compliance with the Bylaw.
The process requires prosecution of a charge and appearance in court to argue the merits of the Bylaw.
There's an inherent risk in following that line of action.
A court has the power to strike down a bylaw if restrictions are deemed unreasonable by the court
Conventional municipal wisdom has it that a Bylaw is only as strong as it stands up in court.
I also argued in the e-mail exchange with the residents, the town has no authority to enter private property and remove private property therefrom. In effect, that would be trespassing and theft.
Definitely not a practice to be advocated.
On Tuesday, during public forum , a neighbor argued the property is not private. It is public.for with public funds and operated by a public agency.
The agency referenced is Community Living York South.
Hundreds have reason to be profoundly thankful for Community Living.
Thousands of family members, friends and volunteers support financially and otherwise , Community Living.
Homes may be purchased or bequeathed by family members.
Billions less are spent than the cost of institutional care.
Programs planned by parents may receive partial funding.
Enlightened politicians at every level of government made the difference and transition
to privacy,dignity and normalcy.
19 Wethersfield Court is a private home. Private citizens reside at that address.
Council stood firm on Tuesday night.
Not a one of them buckled .
They made me proud.
Thursday 23 January 2014
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9 comments:
It will be interesting to hear the OMB ruling. Even more so as the town isn't on the hook.
It's too bad that you don't feel this regularly.
But nobody addressed the elephant in the room. It's not about a larger-than-allowed vehicle spoiling the view and affecting the neighbours' enjoyment of their properties - it's about a group home on an almost private cul-de-sac in an affluent neighbourhood.
The indignation and opposition is centred on the possible adverse effect to the value of their million dollar homes. Trying to couch it as anything else is an insult to one's intelligence.
I'm sure it never entered their minds that a group home would pop up on their street - 'How could a social agency afford to buy here?,' was surely a reaction.
If one of their neighbours had parked a big, luxury RV in his driveway, I'm sure the Town wouldn't have heard boo.
The fact that no-one at the council table would admit to the realities of the situation only underlined the fact that this is an election year.
Had they had a clue, they might have asked if it would be OK for them to contribute a neat paint job which would help the ' truck ' blend in. Wouldn't have cost much & could have been fun.
Is this not a street within the area of major complaint about the Bell cell tower on which the town wasted many man hours and legal consultation costs?
18:37 Ah ! The Red Herring Zone. Wasn't that the property of Cllrs. Gallo, Gaertner & Ballard ?
Thank you 16:50.I provide support and teaching in one of these so called"group homes".
Thank God the institutions were shut down and these individuals given the supports towards a better quality of life.
Sad they have neighbors like that.
19:11
May I respectfully,very, disagree ? I am delighted that they have neighbours like that. There are children in those homes who will question what their parents are doing and question why. I'm pretty sure a generation raised on Yertle the Turtle will not accept hooey.
19:41, those kids will grow up to also feel entitled to their entitlements.
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