OSHAWA -- A dispute over a driveway has an Oshawa man criticizing the City's treatment of disabled residents.
David Mandziuk, 22, was born with cerebral palsy and has limited use of his right arm and leg.
He's currently learning to drive an adapted car and is excited about the changes it could mean for his life.
"I want to be able to have my independence and live my daily life," he says.
The problem? His parents own a large truck and SUV, which get parked in the driveway because they don't fit inside the double-car garage at the family's Ormond Drive home.
That leaves Mr. Mandziuk with nowhere to park his newly modified Honda Accord. If he puts it in the garage and gets blocked in by his parents' cars, his disability prevents him from moving them.
The family members work and sleep on different schedules -- especially Mr. Mandziuk who does day and night shifts at Walmart -- making it difficult to shuffle the cars when needed.
Three months ago they tried to solve the problem by widening the driveway by five feet, allowing all three vehicles to be parked side by side.
Mr. Mandziuk says no one realized they were violating a City bylaw that requires at least 50 per cent of a front yard be landscaped.
A neighbour complained to City Hall and the matter ended up before Oshawa's committee of adjustment, which denied the Mandziuks' application last week.
"I'm not trying to abuse the system, I think bigger driveways should be allowed if someone has a disability," Mr. Mandziuk says, noting it would benefit people who use wheelchairs or walkers and need extra space to get in and out of a vehicle.
Scott Pigden sits on the committee of adjustment -- a group of citizens appointed by council to make decisions on minor variances to the zoning bylaw -- and is also a vocal accessibility advocate.
He voted against the Mandziuks' request because he sees the scenario as "a vehicle issue, not an accessibility issue."รข?¨ Mr. Pigden says he can't get past the fact that the family has a double garage sitting unused because the parents choose to own such large vehicles.
"If I thought it was an accessibility issue I would be there with this guy yelling and screaming at the City," he says. "But I kind of feel like the accessibility thing is being abused."
Paul Ralph, the City's director of planning services, defends the policy that requires 50 per cent of front yards to be landscaped.
"Years ago we were experiencing people putting a driveway across their entire property, it affects the streetscape," he says, noting extra wide driveways can also create problems with on-street parking and water drainage.
The Mandziuk family has the option of appealing the committee's decision to the Ontario Municipal Board.
If that fails they will be forced to put their property back the way it was or face possible bylaw fines or penalties
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