August 13, 1998

 To:North York Community Council

 From:Urban Planning & Development Services,

Harold Bratten, Director of

Municipal Standards

 Subject:Fence - 20 Athabaska Avenue - in the Community of North York, Ward 10

 Purpose:

 To report on an application to permit a fence to be constructed notwithstanding the height of the fence does not comply with North York Fence By-law No. 30901, as amended.

 Financial Implications:

 There are no financial implications for the City.

 Recommendation:

 It is recommended that the fence be approved subject to the top 0.60m (2') of the fence being constructed of wood lattice as opposed to solid boards.

 Background:

 The former City of North York enacted Fence By-law No. 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 Athabaska Avenue and contains a single family dwelling. The owners of the property are in the process of erecting a fence along their west property line. The west property line is the common boundary with the property known as 18 Athabaska Avenue. A portion of the proposed fence would come to within approximately 0.60m (2') of the windows located in the east wall of 18 Athabaska Avenue. The wall in which the windows are located form part of an enclosed patio located to the rear of the attached garage on the property, (the patio is labeled as 'frame shed' on the attached plan of survey). The fence, where it is directly opposite the windows, would be approximately 1.83m (6') high, extend approximately 0.60m (2') above the sill of the windows and be approximately 6.09m (20') long. A copy of a photograph depicting the location of the enclosed patio is attached. The fence would not comply with Section 3.1.2 of the fence by-law which states:

 "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.".

It would appear from the information provided by the applicants that relations with the owners of 18 Athabaska Avenue are somewhat strained and consequently, the applicants feel the fence is necessary in order to ensure their privacy. Nevertheless, in order to minimize the impact of the fence on the neighbour at 18 Athabaska Avenue, the top 0.60m (2') of the fence should be constructed of wood lattice so as to allow natural light to reach the patio while at the same time providing a reasonable degree of privacy for the applicants.

 Conclusions:

 It is therefore recommended that the request to erect a fence be approved subject to:

 1)the top 0.60m (2') of the fence, where it is directly opposite the windows, be constructed of wood lattice;

 2)the fence be maintained in compliance with the fence by-law in all other respect; and

 3)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

 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 "A" 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

ENACTED AND PASSED this day of , 1998 A.D.

   MayorCity Clerk

  (Corporate Seal)