|
February 2, 1998
To: North York Community Council
From: George M. Dixon,
City Solicitor, North York
Subject: Fence - 12 Kemp Square - in the Community of North York, Ward 6
Purpose:
To report on an application to permit an existing fence to remain as constructed notwithstanding 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 fence be approved as constructed inasmuch as the height does not adversely affect the abutting property owner.
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 north side of Kemp Square and contains a single family dwelling. The owner of the property has erected a 1.87m (6'2") high board fence along his west property line. The west property line is the common boundary with the property known as 14 Kemp Square. The fence on 12 Kemp Square comes to within approximately 2.59m (8' 6") of a window located in the east wall of 14 Kemp Square. The height of the fence, where it is directly opposite the window, extends approximately 0.33m (1' 2") above the window sill and consequently, does not comply with Section 3.1.2 of the fence by-law which states:
A Notwithstanding any other provision of this Part, on single residential properties, no portion of a fence erected shall extend above the sill of any window on an adjacent property, excluding basement windows, that is opposite and within 3.0m (10 ft.) of the proposed fence.@.
In this particular case the fence in question is located to the east of the window and is approximately 2.59m (8' 6") away from it. Given that the sun rises in the east, any impact the fence might have on the property known as 14 Kemp Square is minimal. An enlarged copy of photograph depicting the location of the fence in relation to the window is attached.
Conclusions:
It is therefore recommended that the request to maintain the fence as constructed be approved subject to:
1) the fence being maintained in compliance with the fence by-law in all other respect and,
2) the appropriate City Officials be authorized and directed to take the necessary action to give effect thereto.
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
|
