Fence - 20 Athabaska Avenue -

North York Centre

The North York Community Council recommends that the following report (August 13, 1998) from the Director of Municipal Standards, Urban Planning and Development Services, not be adopted; and that the application be refused:

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 labelled 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

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Mr. Aurelio Marrone appeared before the North York Community Council in connection with the foregoing matter.