January 5, 1999
To:North York Community Council
From:Commissioner, Urban Planning and Development Services
Subject:411 Glencairn Avenue, North York Centre South, Ward 9
Purpose:
To respond to a request from Bonnie Lindros for an exemption to the Fence By-Law - addition of Lattice Screen to existing
fence.
Source of Funds:
Not applicable
Recommendation:
Notwithstanding there is clearly a violation of Fence By-Law 30901, as amended, it is recommended that the exemption be
granted with a condition for the following reasons:
i)the 19' high fence for which an exemption is requested backs onto a large structure (pool house) of a comparable height;
therefore, there is no impact on the premises to the rear of the subject property and,
ii)the fence will deflect some of the intense lighting installed on the property to the rear.
Condition of approval:
i)the existing 16' of 2' latticework be removed from the fence at the north-east corner of the rear yard.
Background:
Inspection reveals that there is a large indoor pool house (approximately 50' x 30' x 17'6") within a few inches of the
proposed fence and situated on the property at 214 Strathallan Wood. The east side of this structure has two quartz halogen
flood lights directed onto the property at 409 Glencairn Avenue; three large lights mounted on trees (similar to street
lights), one at each end of the pool house and one in the yard south of the pool house.
The applicant has constructed a masonry retaining wall across the entire rear of her property (approximately 50' in length
and 30" in height. There is also erected a 6'2" solid board fence with 6" x 6" posts extending approximately 10' above the
fence. The wall, fence and posts are at an approximate height of 19' above grade. Each post is laterally supported by a
heavy 2" galvanized bracket and each end of the fence is supported by an open section 6' x 6'6" consisting of a top and
bottom rail and a 6" x 6" post.
The applicant=s proposal is to partially fill in the gaps between the posts above the fence with a pattern of lattice to screen
the view of the pool house and the yard lighting from the second storey of their residence.
The applicant currently has two sections of 8'2" x 8' of fencing consisting of 6'2" of solid board fence with 2' of latticework
and three sections of 6'2" x 8' of solid board fence at the north-east corner of the rear yard.
Section 3.1.7 of By-Law 30901, as amended, states:
AExcept as provided in subsection 3.1.2, any portion of a fence erected between residential properties may be increased to a
height not exceeding 2.5m (8.2') provided that the aggregate length of such portion or portions does not exceed 7.2m (24')
per lot@.
Conclusion:
That the variance requested be permitted provided the existing 16' of 2' latticework be removed from the fence at the
north-east corner of the rear yard so that the fencing around the perimeter of the lot is more reasonably in keeping with the
intent of the By-Law pursuant to Section 3.1.7.
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
