Date:November 18, 1998

To:East York Community Council

From:Bryan Byng

East District Manager

Municipal Standards

Subject:REQUEST FOR FENCE HEIGHT EXEMPTION

Ms. Tessie Leung, 47 Don Valley Drive

Purpose:

The purpose of this report is to outline a fence height exemption request received from Ms. Tessie Leung, owner of 47 Don Valley Drive.

Financial Implications and Impact Statement:

The application has no financial implications or impact on the City. The applicant has submitted the non-refundable fee of $200.00 for the exemption request to be heard, as required by the by-law.

Recommendations:

That this report be provided for information purposes and that, should the Community Council approve the request, staff be instructed to bring forward the appropriate by-law amendments to City Council.

Background:

On October 19, 1998, a complaint was received by the Division indicating that a fence was being constructed in the front yard of premises municipally known as 47 Don Valley Drive. A subsequent inspection revealed that a fence/screen had been constructed in the front yard primarily on private property and partially on the municipal road allowance.

Applicable by-laws restrict the height of fences in front yards to a maximum of 0.9 metres (3 feet).

The fence in question consists of a length of approximately 9.14 metres (30 feet) of fence running along the east property line. The height of the fence varies from 1.78 metres to 1.96 metres (5' 10" - 6' 5"). The fence is located 2.9 metres (9' 6") back from the curb of the roadway. There is no public sidewalk abutting this property. The property is located in the middle of the block of this dead-end portion of Don Valley Drive.

Comments:

The applicant's reasons for seeking the fence height exemption are detailed in her letter of application. It is understood that the fence was erected in conjunction with the re-landscaping of the front yard area.

Staff have inspected the site and reviewed the application. Based on their observations, there are no apparent obstructions of vision which might impede safety for the neighbour using the abutting driveway. As such, staff have no objections to the request for exemption.

Conclusions:

A fence/screen which exceeds the permitted height for fences in front yards has been erected at 47 Don Valley Drive. 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

BRYAN BYNG

East District Manager, Municipal Standards

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