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May 21, 1998
To:North York Community Council
From:Urban Planning and Development Services,
Harold Bratten, Director of
Municipal Standards
Subject:Fence - Request for Exemption - Mr. M. Cabiddu and Ms. K. Waszynska, 145 Playfair Avenue - in the
Community of North York, Ward 8
Purpose:
To report on an application to permit a fence to be maintained on the subject property notwithstanding the height of the
fence is contrary to 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 maintain the fence as proposed 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 south-east corner of Caledonia Road and Playfair Avenue in the area south of
Lawrence Avenue West and west of Dufferin Street. The property contains a dwelling with a detached garage in the rear
yard. Access to the garage is taken from Playfair Avenue.
The property owners have erected a 1.93m (6' 4") board fence around a portion of their property save and except that part
of their rear yard which contains the detached garage. The fence incorporates the west wall of the garage as part of the yard
(fence) enclosure. The fence also encroaches onto the Playfair Avenue road allowance and in that regard, the owners
entered into an encroachment agreement with North York on April 8, 1998.
Although for the most part the height of the fence complies with the by-law, it does not comply with those provisions of
the by-law intended to preserve adequate >sight lines= for pedestrians and vehicular traffic. The relevant sections of the
by-law read as follows:
ASection 3.1.10 No fence greater than 0.76m (30 inches) in height shall be constructed in the front yard within 2.40m (8
feet) of the front lot line.
Section 3.1.11 On a corner lot, in addition to the requirement of Subsection 2.1.11, no fence greater than 0.76m (30
inches) in height shall be constructed within 2.40m (8 feet) of a driveway located in the rear yard of the property where
access is taken from the flanking street.
Section 3.1.12 On a corner lot, no fence which is parallel to and within 2.40m (8 feet) of a driveway on an abutting
property shall be constructed greater than 0.76m (30 inches) in height for that portion of the fence which comes within
2.40m (8 feet) of the side lot line abutting a street.@
To address the problem of >sight lines= the owners propose to cut the corners of the fence on a 45 degree angle at three
locations where the fence might interfere with the >line-of-sight=. (See plans attached.) The proposed revisions to the
fence have been reviewed and approved by the North York Transportation Department. A copy of the letter dated February
23, 1998 from the Commissioner of Transportation to the property owners is also attached.
Conclusion:
It is recommended that the existing fence on the property be maintained subject to:
- the south-west, the north-west and the north-east corners of the fence be cut back by approximately 2.4m (8') in
each direction and that these same corners be joined at an approximate 45 degree angle,
- the fence comply with the by-law in all other respects, and
- 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
Harold Bratten, Director of
Municipal Standards.
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