March 3, 1999

To:Toronto Community Council

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

Subject:Construction of a Wooden Fence - 197 Argyle Street (Trinity-Niagara)

Purpose:

To report on the homeowner's request to replace an existing chain link fence with a 1.9 m high wooden fence within the City's right-of-way on the Northcote Avenue flank of 197 Argyle Street. The proposed fence would be situated immediately back of the City sidewalk rather than at a point 0.46 m back as required 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 construction of a 1.9 m high wooden fence within the City's right-of-way, subject to the owner providing a 1.8 m vision splay adjacent to the driveway and entering into a new agreement with the City of Toronto, as prescribed under Chapter 313 of the City of Toronto Municipal Code.

Background:

Councillor Pantalone has requested me to report to the Toronto Community Council on this application.

Comments:

Ms. Gina Lubin, owner of 197 Argyle Street, Toronto, Ontario M6J 1P5, submitted a request on August 27, 1998, for permission to replace a chain link fence with a 1.9 m high wooden fence within the City's right-of-way, which will be situated immediately back from the rear edge of the City sidewalk on the Northcote Avenue flankage of the subject premises.

Chapter 313 of the former City of Toronto Municipal Code requires a 0.46 m setback to be provided, however, in this instance, the proposed fence would replace an existing fence at this location. In addition, there are existing hedges immediately back of the existing fence that prevent the new fence from being set back.

The new fence will be constructed adjacent to the existing driveway servicing the property. To ensure visibility of approaching pedestrians and vehicular traffic, a 1.8 m vision splay is to be provided adjacent to the driveway.

Staff have inspected the area and have determined that this fence will not impact negatively on the public right-of-way.

Conclusions:

As the fence will not impact negatively on the public right-of-way, it should be permitted.

Contact Name and Telephone Number:

Fani Lauzon - 392-7894

Manager

GMH

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