February 19, 1998

To: Toronto Community Council

From: Lesley Watson, Director, By-law Administration and Enforcement, City Works Services

Subject: Construction of a Wooden Fence - 59 Barton Avenue and on Euclid Avenue (Ward 23 - Midtown)

Purpose:

To report on the homeowners= request to construct a wooden fence within the City street allowance which complies with the height and setback requirements of the City of Toronto Municipal Code, Chapter 313, Streets and Sidewalks, but is objected to by a neighbour.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendations:

That City Council approve the construction of a wooden fence within the City Street allowance at 59 Barton Avenue and on Euclid Avenue, subject to the owners entering into an agreement with the City of Toronto, as prescribed under Chapter 313 of the City of Toronto Municipal Code.

Background:

Councillor Adams has asked me to report on the request to construct this fence.

Comments:

Mr. David Amer, co-owner of 59 Barton Avenue, Toronto, Ontario M5S 2T9, requests permission to construct a 1.9 m high wooden fence within the City street allowance on Barton Avenue and a 1.0 m high wooden fence within the City street allowance on Euclid Avenue. The fence, as designed, meets the height and setback requirements of the Municipal Code.

We have received a letter from an area resident opposing construction of the fence. The resident notes that the fence would be unsightly due to the length of the property on Barton Avenue. Because an objection has been received, Municipal Code Chapter 313-33(2) requires that the application be refused. The applicant may appeal this refusal.

Although Mr. Amer had begun construction of the fence, he has stopped work pending the outcome of this appeal.

Staff inspected the area in the immediate vicinity of this property and determined that this fence would be consistent with the streetscape as there are other fences of similar height in the area, and along Barton and Euclid Avenues.

This property is somewhat unusual, in that the frontage, as defined by the Zoning By-law, is the shorter lot line (abutting Euclid Avenue), although it is not the side of the property with an entrance.

Details of this fence and letter from the area resident are on file with my Department.

Conclusion:

As this fence is in compliance with the City of Toronto Municipal Code Chapter 313, and is consistent with other fences in the area, the fence should be permitted.

Contact Name and Telephone Number:

Fani Lauzon, 392-7894

Director