January 26, 1998
To: North York Community Council
From: George M. Dixon
City Solicitor, North York
Subject: Fence - 132 Groton Street - in the Community of North York, Ward 8
Purpose:
To report on an application to amend North York Fence By-law 30901 to permit a fence to remain as constructed on the property municipally known as 132 Groton Street notwithstanding the said fence does not comply with the fence by-law.
Financial Implications:
There are no financial implications for the City.
Recommendations:
It is recommended that the request to maintain the sheet metal fence on the property be refused inasmuch as the fence has not been constructed in a workmanlike manner.
Background:
The former City of North York enacted Fence By-law 30901 on July 8, 1992 being a by-law for prescribing the height and description of lawful fences. By-law 33006, enacted on May 28, 1997 further amended the Fence By-law to, among other things, prohibit the erecting or maintaining of fences constructed primarily of solid sheet metal or corrugated metal panels.
Discussion:
The subject property is located on the west side of Groton Street and contains a single family dwelling. The owner has erected a 39.63m (130 feet) fence along his north property line. The fence is of chain link construction, varies in height from 1.20m to 1.52m (4 to 5 feet) and complies with the fence by-law. The owner has also erected a privacy screen immediately adjacent to the south of his own chain link fence. This fence is constructed of solid sheet metal panels, varies in height from approximately 2.13m to 2.40m (7 to 8 feet) and is unpainted. The fence has not been constructed in a workmanlike manner and detracts from the aesthetics of the community.
North York's fence by-law prohibits the erection of sheet metal fences. Section 4.1.4 of the by-law states:
"No person shall erect or maintain or permit to be erected or maintained a fence or any portion of a fence constructed primarily of solid sheet metal or corrugated metal panels."
Conclusions:
It is therefore recommended that the request to maintain the sheet metal fence on the property known as 132 Groton Street be refused.
Contact Name:
David Roberts, Director of By-law Enforcement Services,
North York Civic Centre
395-7020, Fax 395-7056
E-mail: Dave@City.North-York.on.ca
George M. Dixon
City Solicitor, North York
