October 28, 1998

To:Toronto Community Council

From:Angie Antoniou, Acting Assistant Director, By-law Administration and Enforcement, Transportation Services

Subject:Maintenance of a Fence - 136 Heddington Avenue (North Toronto)

Purpose:

To report on the homeowner=s request to maintain a fence within the City street allowance which exceeds the maximum height permitted under Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code. As this is a request for a variance from the by-law, it is scheduled as a deputation item.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

That City Council approve the maintenance of a wrought iron fence within the City street allowance fronting 136 Heddington Avenue, subject to the owner entering into an agreement with the City of Toronto, as prescribed under Chapter 313 of the former City of Toronto Municipal Code.

Comments:

Ms. Julia Sherman, owner of 136 Heddington Avenue, Toronto, Ontario M5N 2K8, has requested permission to maintain a wrought iron fence within the City street allowance fronting 136 Heddington Avenue.

The fence is 1.47 m high rather than the maximum height of 1.0 m allowed for in Chapter 313 of the former City of Toronto Municipal Code and is set back 0.23 m from the rear edge of the City sidewalk rather than 0.46 m as prescribed in Chapter 313 of the former City of Toronto Municipal Code. The fence is constructed adjacent to the existing driveway servicing the property to the south but does not obstruct visibility of oncoming pedestrian or vehicular traffic as it is constructed of wrought iron.

In a letter dated August 24, 1998, the owner has requested an exemption to this by-law as she feels that a higher fence will be more effective in preventing people from walking on her garden. She has also indicated that in the past two years she has had intruders in her front and back yards and this fence provides her with added security and peace of mind.

We have also received a letter dated September 28, 1998 from an area resident who objects to the fence because it is not consistent with the general streetscape of the neighbourhood and it creates a hazard for vehicular and pedestrian traffic.

Staff have inspected the area in the immediate vicinity of this property and have determined that this fence does not impact negatively on the public right-of-way. However, there are no other similar fence installations in the immediate area.

Details of this fence and the letters from the owner and area resident are on file with this Department.

Conclusions:

As this fence does not impact negatively on the public right-of-way, the fence should be permitted to be maintained.

Contact Name and Telephone Number:

Fani Lauzon, 392-7894

Acting Assistant Director

RK

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