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March 10, 1998
To:North York Community Council
From:George M. Dixon,
City Solicitor, North York
Subject:Fence - Request for Exemption - Ms. C. Hodgson, 186 Wedgewood Drive - in the Community of North York,
Ward 10
Purpose:
To report on an application to permit a portion of an existing fence on the property to remain as constructed
notwithstanding the height of the fence is contrary to North York Fence By-law 30901, as amended.
Funding Source, Financial Implications and Impact Statement:
There are no financial implications for the City.
Recommendations:
It is recommended that the request to maintain the fence as constructed be approved.
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 Wedgewood Drive in the area east of Yonge Street and south of Steeles
Avenue East. The property contains a recently constructed two storey dwelling. The property abutting to the east (188
Wedgewood Drive) contains a two storey dwelling with a detached double garage, approximately 10m (33') long, in the
rear yard. The garage has a west side yard setback of approximately 0.34m (1.11').
The owner of 186 Wedgewood Drive has erected a wood fence along a portion of her east property line. The fence
complies with the by-law except for a portion of the fence which is approximately 12.20m (40') long and opposite the
garage on the property known as 188 Wedgewood Drive. The fence at this point is approximately 2.44m (8') high and
projects beyond both ends of the garage by approximately 1.06m (3.5'). The fence was erected at this height for the purpose
of screening the garage from view. A site plan and three photographs are attached hereto. The fence by-law does permit
privacy screening subject to certain restrictions as set out in Section 3.1.7 of the by-law which states:
AExcept as provided in Sub-section 3.1.2 any portion of a fence erected between residential properties, may be increased
to a height not exceeding 2.5m (8.2ft.) provided that the aggregate length of such portion or portions does not exceed 7.2m
(24 ft.) per lot.@
In this particular case the portion of the fence in question exceeds the 7.2m (24') per lot provision by approximately 4.87m
(16').
Conclusion:
It is therefore recommended that the request to maintain the fence on the property as constructed be approved inasmuch as
the majority of the 2.44m (8') portion of the fence screens the garage on the abutting property and does not create a hardship
for the abutting property owner.
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
Authority:[Authority]
Intended for first presentation to Council: [Presentation Date]
Adopted by Council:
CITY OF TORONTO
Bill No. [Bill Number]
BY-LAW No.
A By-law to amend City of North York By-law 30901, as amended.
The Council of the City of Toronto HEREBY ENACTS as follows:
1.That Schedule AA@ of City of North York By-law 30901, as amended, be and the
same is hereby further amended by adding to the columns MUNICIPAL ADDRESS - DEVIATION PERMITTED -
CONDITIONS, the following:
MUNICIPAL ADDRESSDEVIATION PERMITTED CONDITIONS
| 186 Wedgewood Drive
in the Community of
North York.
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That portion of the existing
wood fence located along
the east lot line of the
property and opposite the
garage on the property
abutting to the east, may be
maintained at a height of
2.44m (8') for a length of
12.20m (40'). |
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The fence by-law be complied with
in all other respects. |
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ENACTED AND PASSED this [Enacted and Passed this date] day of [day of], A.D. [A.D.].
MayorCity Clerk
(Corporate Seal)
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