(Report dated June 3, 1998, addressed to East York Community Council, from the Commissioner of Development Services.)

Subject:Fence Height Exemption Request - 28 Ferris Road  Purpose:

To report to the June 24, 1998 meeting of the East York Community Council on a request for a fence height exemption from Mrs. Margaret Mauzeroll of 28 Ferris Road.

Financial Implications:

The applicant has submitted the non-refundable fee of $200.00 for the exemption request to be heard, as is required by the by-law.

Recommendations:

That the exemption request be granted and that staff be instructed to bring forward the appropriate by-law amendment to City Council.

Background:

On May 5, 1998, an area resident complained about a high fence being built in the front yard of 28 Ferris Road. An inspection was conducted and it was confirmed that a fence/screen had been built in the front yard of 28 Ferris Road and that the fence/screen exceeded the height permitted by Fence By-law No. 81-89.

The fence in question is totally on private property in the front yard. It was built in conjunction with other landscaping improvements at the property. The fence consists of a sixteen foot length of framed lattice work which ranges in height from 6' 5" to 7' 2" from the grade of the front yard.

The By-law restricts the height of fences in front yards to a maximum height of 0.9 metres or 3 feet.

Enforcement action was taken and the property owner has now applied for an exemption.

Comments:

The applicant=s reason for wanting the high screen/fence is for landscaping purposes and for some protection from a dog that is resident in the adjacent house. There are no obstructions of vision which may impede safety for the neighbour using the abutting driveway. In our discussions with the complainant, it appears that there is less concern with the fence itself but rather they felt that they should have been given the opportunity to comment on the type and height of fence before it was constructed.

Staff have reviewed the application and have no objections to a fence height exemption.

Conclusions:

A fence/screen which exceeds the permitted height for fences in front yards has been erected at 28 Ferris Road. Staff have no objection to allowing the fence, as it is now constructed, to remain.

Contact Name:

Michael Vince

Manager of By-law Enforcement

778-2220

(Copy of  attachments is on file in the office of the City Clerk.)