STAFF REPORT
October 27, 1999
To: Chairman and Members of the North York Community Council
From: Donna Perrin, District Manager - North, Municipal Licensing & Standards
and Court Services - UPDS
Subject: Variance Request from the provisions of the Fence By-Law - 36 Waddington Crescent - Seneca Heights (Ward
12)
Purpose:
To report on an application (August 20, 1999) received from Mr. Hamid Reza Moghimi requesting an exemption from
North York Fence By-Law #30901, as amended.
Financial Implications and Impact Statement:
There are no financial implications for the City.
Recommendations:
It is recommended that:
(1) the request for an exemption to the North York Fence By-Law #30901, as amended, be refused as the fence will be
constructed greater than 30" (0.76m) in height within 8' (2.40m) of the north front property line (Section 3.1.10 of By-Law
#33006);
(2) the applicant be advised that a swimming pool will not be permitted in the front yard of the premises.
Background:
The former City of North York enacted Fence By-Law #30901 on June 28, 1989, being a by-law prescribing the height and
description of lawful fences in the former City of North York, and for requiring the owners of privately owned outdoor
swimming pools to erect and maintain fences and gates around such swimming pools. On May 28, 1997, the City enacted
By-Law #33006, which amends By-Law #30901.
Since this property is a corner lot, the area where the applicant is seeking an exemption is actually the front yard of the
premises and is, therefore, subject to the provisions of By-Law #33006.
Works and Emergency Services, Transportation Division, concur with out assessment regarding sight obstructions for
residents egressing from residential driveways of approaching traffic, and a 6' fence would be a possible site obstruction.
On August 10, 1999, a Notice of Violation was issued to the owners of the property concerning the partial erection of a
fence in the front yard, contrary to the provisions of By-Law #30901, as amended by By-Law #33006.
Conclusions:
It is recommended that this request for an exemption to the North York Fence By-Law #30901, to permit a six foot high
solid board fence around the entire front and part of the east side yard be refused.
Contact: Harold Bratten, Acting Executive Director
Municipal Licensing and Standards - UPDS
Telephone: 392-8768
Donna Perrin, District Manager - North
Municipal Licensing & Standards and Court Services
Attachments (drawing)
