To: North York Community Council
From: George M. Dixon,
City Solicitor, North York
Subject: Fence - 801 Willowdale Avenue - in the Community of North York, Ward 10
Purpose:
To report on an application to permit the existing fence located on the north side of the property to remain as constructed notwithstanding that the height of the fence does not comply with North York Fence By-law 30901, as amended.
Financial Implications:
There are no financial implications for the City.
Recommendations:
It is recommended that the request to permit the fence to remain as constructed be refused.
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.
Discussion:
The subject property is located on the east side of Willowdale Avenue and contains a single family dwelling. The owner of the property has erected a wood board fence along his north property line. The fence commences at an accessory structure located in the north-east corner of the property and terminates in the side yard between 801 and 805 Willowdale Avenue. The fence is approximately 12.19m (40 feet) long and is approximately 2.96m (9' 9"). A site plan showing the location of the fence is attached hereto.
Generally speaking, the intent of the fence by-law is to permit 2.13m (7 ft.) fences to be erected on residential properties with some additional relief available to property owners for a privacy screen. Specifically, section 3.1.3 of the North York fence by-law states:
It is therefore recommended that the request to maintain the fence as constructed be refused inasmuch as both the height and length of the fence (privacy screen) exceed the general intent of the by-law.
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
