Date:September 21, 1999
To:East York Community Council
From:Bryan Byng
East District Manager, Municipal Standards
Subject:Fence Height Exemption Request - 5 Crandall Road
Purpose:
To report to the October 12, 1999 meeting of the East York Community Council in order to provide a report on a request
for an exemption from the height of a fence at 5 Crandall Road as submitted by Ms. Pamela Atkinson.
Funding Sources, Financial Implications and Impact Statement:
The applicant has submitted the required, non-refundable fee of $200.00 as part of her exemption request.
Recommendations:
Submitted without recommendation and that the East York Community Council make a decision based on the merits of the
exemption request following input from the applicant and any other interested parties.
Background:
As a result of a complaint from an area resident, staff were called to investigate the construction of additional fencing on
top of an existing fence on a deck as well as adjacent to a patio.
Comments:
The Municipal Standards Division inspected and subsequently determined that three panels of fencing were added on top
of existing fencing which was located on a deck and adjacent grade-level patio.
The additional panels added to the deck fencing consists of two lattice panels. The first panel is 2.18 metres in length
(7'2") and is 2.97 metres (9'9") in height from the surface of the deck and 3.91 metres (12'10") in height from grade. The
second panel is 1.3 metres (4'3") in length and is 1.83 metres (6') in height from the deck surface and 2.96 metres (9'6") in
height from grade.
By-law No. 81-89, Section 2.3.2 permits fences on decks to be no higher than 1.9 (6'3") metres in height from the surface
of a deck and no more than 2.4 (8'2") from grade. Consequently, the first panel violates these two restrictions while the
second fails on one the restrictions.
The third panel consisting of board-on-board fencing has been installed on top of an already existing board-on-board fence.
The additional portion has a length of 1.9 metres (6'3") and ranges in height from 2.69 metres (8'10") tapering down to the
height of the original fence.
By-law No. 81-89, Section 2.1.2 restricts the heights of such fences to 2.35 metres (7'8") provided that that portion of the
fence in excess of 1.9 metres (6'3") consists of open lattice work. Accordingly, the fence extension next to the patio at
grade fails on both tests of this section.
All the other fencing around the rest of the yard complies with all other requirements of the by-law.
Conclusions:
The variances requested are quite significant but the applicant has submitted a letter in outlining why they feel they need
the additional height of fencing and it seems that it involves the impact of a rear addition to the neighbouring property and
it will be necessary for the East York Community Council to determine whether or not the reasons outlined by the
applicant warrant approval of the requested variances.
Contact Name:
Michael Vince
Manager of By-law Enforcement
397-4481
BRYAN BYNG
Manager, East District,
Licensing and Municipal Standards
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