January 5, 1999

To:North York Community Council

From:Commissioner, Urban Planning and Development Services

Subject:Permission to Build Fence - 532 Glengarry Avenue, North York Centre South, Ward 9

Purpose:

To respond to a request from Mr. Ben Gotlib to build a fence along the western boundary of his property from the front of the house to the sidewalk.

Source of Funds:

Not applicable

Recommendation:

That the request to erect a fence on the west side of the property (abutting the parking lot at 3083-3097 Bathurst Street) be granted on the following conditions:

(a)the height of the screening be limited to 6' plus 1' of latticework (total height = 7 feet) and situated back 1' from the sidewalk to prevent damage to the screening by sidewalk plows used in the Winter months.

(b)as there is a parking area to the rear of the premises that the same screening be erected and/or replace existing deteriorated fencing along the rear north property line to protect the residential premises to the north from headlight glare as required by Section 3.16.1 of Property Standards By-Law 31148.

(c)that the existing deteriorated fencing along the west property line be replaced with new screening meeting the same specifications.

History:

Inspection reveals a small brick bungalow on the north side of Glengarry Avenue east of Bathurst Street. The rear yard of the premises is asphalted with a catch basin installed to provide drainage. There are two trees protected by cement curbs. The rear parking area is provided with cement curbing on the north and west sides approximately 4' from the fence lines.

Comments and/or Discussion and/or Justification:

By-Law 30901, as amended, states:

Section 3.1.10no fence greater than 0.76 m (30 inches) in height shall be constructed in the front yard within 2.40m (8 feet) of the front lot line

Section 3.1.13Subsections 3.1.10, 3.1.11 and 3.1.12 do not prohibit the existence of fences lawfully constructed prior to these sections being enacted and do not prohibit the construction of a transparent fence that otherwise complies with the provision of this By-Law

Inasmuch as a Atransparent fence@ of wire mesh or plexiglass construction would not serve the purpose of screening from view the parking lot at 3083-3097 Bathurst Street, it is recommended that the applicant be permitted to construct the cedar fencing with latticework as requested. The construction of the fence between the parking lot and the residential property has no negative impact upon the parking lot nor on other residential properties in the area and does not interfere with the operation of the lot or traffic sight lines.

The commercial buildings at 3083-3089 Bathurst Street and the associated parking predate the current requirements of the Zoning By-Law. The light from vehicle head lamps does not shine directly into the dwelling unit given the location of the windows on the west side of the subject location. Therefore, we would not request the owner of the Bathurst Street location to erect screening.

Section 64.13(1) of Zoning By-Law 7625, as amended, permits business and professional offices as exceptions in an R4 zone subject to specific parking requirements; such parking must be located in the rear yard of the property. The parking area is also subject to Section 3.16 of the Property Standards By-Law 31148 governing residential, non-residential and vacant properties. AOn property which, because of its condition or because of its use or occupancy or for other reason, creates a nuisance to occupants of adjacent property or to persons in the neighbourhood or to the users of streets or parks, every reasonable precaution shall be taken to prevent such nuisance, including but not limited to (1) providing and maintaining an effective barrier to prevent the light from lamp standards, signs, vehicle head lamps and other sources from shining directly into a dwelling unit. Section 3.6.1 of the Property Standards By-Law 31148 requires that existing fencing be maintained in good repair.

On this basis, the same non-transparent type fencing is recommended for the rear north property line to replace existing deteriorated fencing. As existing fencing on the west side is deteriorated and requires repair or replacement, it would seem appropriate to replace with the same standard of fencing for consistency.

Conclusion:

A 6' cedar fence with 1' of latticework be permitted on the road allowance on the west side within 1' of the sidewalk and the same 6' cedar fence with 1' of latticework be constructed to replace existing deteriorated fencing on the west and north property lines.

Contact Name:Donna Perrin, North District Manager

Municipal Standards and Court Services

395-7020

Reviewed by:James Ridge, Executive Director

Municipal Licensing and Standards

397-4634

VIRGINIA M. WEST

Commissioner

Urban Planning and Development Services

/ks