(Report datedJune 2, 1998, addressed to East York Community Council, from the Commissioner of Development Services.)

Subject:Fence Height Exemption Request - 274 Rumsey 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 858982 Ontario Inc. for the property at 274 Rumsey 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 August 22, 1997, a resident of East York, who lives three blocks away from the property at 274 Rumsey Road, complained about a fence which was very close to the public sidewalk and that was six feet high. An inspection was conducted and the fence was found to be almost two feet behind the public sidewalk and the fence was 6' 8" in height.

It was determined that the setback from the sidewalk was greater than that required by the by-law which requires fences to be set only one foot. On the other hand the height of the fence exceeds the 3 feet allowed by the by-law.

This location is a corner lot. The Zoning By-law deems the shortest dimension of a property to be the front lot line. The building at 274 Rumsey Road faces onto Eglinton Avenue East. Essentially, what is the legal front yard actually acts as the side yard of the property. Unfortunately, since the Zoning By-law deems the area to be the front yard, Fence By-law No. 111-92, respecting fences on road allowances, restricts the height of such fences to three feet.

Comments:

The applicant has advised that they do not intend to add to the length of fence that is there. It would seem that the configuration of the building on the site causes the zoning-defined front yard to be a side yard. Thus, the fence constitutes a technical breach of the by-law.

Conclusions:

Staff have no reasons for refusing this exemption request and view it as a technical breach of the by-law due to property configuration and there is no objection to allowing the fence.

Contact Name:

Michael Vince

Manager of By-law Enforcement

778-2220

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