February 26, 1999

To:Toronto Community Council

From:Angie Antoniou, Manager, Right of Way Management, Transportation Services, District 1

Subject:Maintenance of a Fence - 314 Vesta Drive (Midtown)

Purpose:

To report on the homeowner's request to maintain a fence within the City's right-of-way which exceeds the maximum height permitted under the former City of Toronto Municipal Code, Chapter 313, Streets and Sidewalks. As this is a request for a variance from the by-law, it is scheduled as a deputation item.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

That City Council approve the maintenance of a wrought iron fence within the City's right-of-way fronting 314 Vesta Drive, subject to the owner entering into an agreement with the City of Toronto, as prescribed under Chapter 313 of the former City of Toronto Municipal Code.

Comments:

Ms. Marilena Fuda, co-owner of 314 Vesta Drive, Toronto, Ontario M5P 3A3, submitted an application dated November 4, 1998, requesting permission to maintain a wrought iron fence within the City's right-of-way fronting 314 Vesta Drive.

The fence ranges in height from 1.02 m to 1.2 m rather than the maximum height of 1.0 m permitted in Chapter 313 of the former City of Toronto Municipal Code. The fence is constructed adjacent to the existing driveway servicing the property to the north but does not obstruct visibility of oncoming pedestrian or vehicular traffic as it is sufficiently setback from the City sidewalk and constructed of wrought iron.

In a letter dated November 17, 1998, the owner has requested an exemption to the Municipal Code as she feels that the fence will provide security and protection from trespassers.

We have also received a letter dated November 10, 1998 from the owner of 316 Vesta Drive whose driveway is adjacent to the fence. The neighbour objects to the fence because it creates a problem for passengers exiting a vehicle stopped within his driveway. More specifically, the resident has outlined his difficulty in transporting his father, who uses a wheelchair, to and from the car, noting there is insufficient space to open both the passenger and driver's door without the door hitting the fence.

For your Committee's information, the driveway at 316 Vesta Drive measures approximately 2.6 m in width. On the north side of the driveway, there is a retaining wall which ranges in height from 0.61 m to 0.9 m. On the south side of the driveway, there is a 0.31 m wide strip of grass between the driveway and the new fence on the property line. The total width between the retaining wall and the fence is approximately 2.9 m.

While this may not provide sufficient space between the fence and the retaining wall to fully open the doors of a vehicle on both sides at the same time, the Municipal Code permits the installation of fences along property lines and does not require any setbacks or allowances to be made for locations where driveways are immediately adjacent to the property line.

Staff have inspected the area in the immediate vicinity of this property and have determined that this fence does not impact negatively on the public right-of-way.

Details of this fence and the letters from the owner and area resident are retained on file with this Department.

Conclusions:

As this fence does not impact negatively on the public right-of-way, the fence should be permitted to be maintained.

Contact Name and Telephone Number:

Fani Lauzon, 392-7894

Manager

RK

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