October 18, 1999
To: East York Community Council
From: Commissioner of Urban Planning and Development Services (Acting)
Subject: Fence Height Exemption Request - 478 Main Street
Ward 1
Purpose:
To report to the November 9, 1999 meeting of the East York Community Council in order to provide information on a
request for an exemption from Fence By-law No. 81-89 for the height of a fence at 478 Main Street as submitted by Mr.
and Mrs. John Kripas.
Financial Implications and Impact Statement:
The applicants have submitted the required, non-refundable fee of $200.00 as part of their exemption request.
Recommendations:
It is recommended that:
(1) the fence height exemption request of Mr. & Mrs. John Kripas, owners of 478 Main Street, be granted; and
(2) the appropriate City Officials be authorized and directed to prepare the required amending by-law to By-law No. 81-89
to give effect thereto.
Background:
Acting upon a complaint received from an area resident, staff were called to investigate the construction of a fence along
the south property line of 478 Main Street. As a result of the investigation, a violation of Fence By-law No. 81-89 was
noted and a Notice of Violation was issued. Subsequent to the issuance of the Notice, the owners of 478 Main Street
submitted a request for an exemption from the requirements of Fence By-law No. 81-89.
Comments:
The fence in question is constructed on the south property line of 478 Main Street dividing it from the property at 476 Main
Street. The fence consists of two major components, the first being an at-grade fence approximately 15.24 metres in length
(50 feet). This fence consists of solid board which is 1.82 metres in height (6 feet) topped by lattice work which is .37
metres in height (14") for a total height of 2.19 metres (7' 2"). The by-law restricts the height of such line fences to a height
of 1.9 metres (6' 3"). Thus the fence exceeds the requirements of the by-law by .29 metres (9.5").
The second portion of the fence consists of a 2.74 metre (9') length of fencing which extends from the rear of the house and
connects to the previously described line fence. This second portion of the fence abuts a deck and garden area. This fence
consists of solid board, topped by an arrangement of two sections of lattice work which results in the fence ranging in
height from 2.83 metres (9' 1") to 2.98 metres (9' 8"). This portion of the fencing exceeds the requirements of by-law which
restricts screening fencing to a height of 2.35 (7' 8") metres from grade or 2.40 (7' 10") metres from grade if the fence is
attached to a deck. Thus, this screen-fence exceeds the requirements of the by-law by .48 to .58 metres (1' 6" to 1' 10").
The applicants have provided the Clerk of the Community Council with various documentation which includes their
specific reasons for wanting the fence, photographs and letters of support from the other area residents.
Conclusions:
The variances requested are quite significant but the applicants have submitted various documentation in support of their
exemption request 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 recommendation.
Contact:
Michael Vince,Manager, Muncipal Standards
East York Field Office
Telephone: 397-4481
Facsimile: 397-4582
E-Mail: mvince@borough.eastyork.on.ca
BRYAN BYNG
Manager, East District,
Licensing and Municipal Standards
