The North York Community Council recommends the adoption of the following report (March 10, 1998) from the Solicitor, North York Civic Centre:

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 No. 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 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 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:

"Except 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

The following individuals appeared before the North York Community Council in connection with the foregoing matter:

- Mr. Pileggi; and

- Mrs. Hodgson.

(A copy of the site plan and photographs referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)