September 27, 1999

To:Toronto Community Council

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

Subject:Maintenance of Fences - 51 Osborne Avenue (East Toronto)

Purpose:

To report on the homeowner's request to maintain a 1.8 m high wooden fence and a 1.27 m high chain link fence within the public right of way which exceeds the maximum height permitted under the Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code. As this is a request for variance from the by-law, it is scheduled as a deputation item.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Background:

Councillor Tom Jakobek, in his communication of July 16, 1999, requested that we report on this matter.

Recommendations:

That City Council approve the maintenance of a 1.8 m high wooden fence and a 1.27 m high chain link fence within the public right of way on the Swanwick Avenue flank and fronting 51 Osborne Avenue, subject to the owner:

(1) modifying a portion of the 1.8 m high wooden fence adjacent to the existing driveway servicing the property to provide a vision splay by either:

(a) reducing the height of the fence to 1.0 m for a distance of 1.8 m on the portion running parallel and perpendicular to the driveway;

(b) altering the fence at the corner to a 45-degree angle splay from a point 1.8 m parallel and perpendicular to the driveway;

(c) removing every alternate board to a point 1.8 m parallel and perpendicular to the driveway; and

(2) entering into an encroachment agreement with the City of Toronto, as prescribed under Chapter 313 of the former City of Toronto Municipal Code.

Comments:

Mr. Peter Levermau, owner of 51 Osborne Avenue, Toronto, Ontario M4E 3A8, submitted an application dated July 30, 1999, requesting permission to maintain a 1.8 m high closed board wooden fence on the Swanwick Avenue flank and a 1.27 m high chain link fence fronting 51 Osborne Street.

The construction and maintenance of fences within the public right of way are governed under the criteria set out in § 313-33 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code, which provides for fences to be constructed to a maximum allowable height of 1.9 m on the flank of a property and up to 1.0 m in height in front of a property. In addition, the fence must not pose a hazard to the public. As noted, the fence fronting the property exceeds the maximum height of 1.0 m permitted in the Municipal Code.

The existing 1.8 m high closed board wooden fence is situated adjacent an existing driveway servicing the property. In order to provide unobstructed visibility for approaching pedestrians and vehicles, a portion of the fence must be modified so as to provide a vision splay by either:

(a) reducing the height of the fence to 1.0 m for a distance of 1.8 m on the portion running parallel and perpendicular to the driveway;

(b) altering the fence at the corner to a 45-degree angle splay from a point 1.8 m parallel and perpendicular to the driveway;

(c) removing every alternate board to a point 1.8 m parallel and perpendicular to the driveway.

The homeowner has been advised of this requirement, however, in Mr. Levermau's letter dated July 12, 1999 (Appendix 'A'), he has requested an exemption to this given that the fence has been existing for 15-20 years and poses no hazard.

I note that notwithstanding that the wooden fence has been in existence for some time without incident, the reduced visibility of approaching pedestrians and vehicles would be compromised if the requirement for the vision splay were to be waived. Alternatively, should Mr. Levermau not agree to modify the fence as required, the fence must be removed from within the public right of way.

Staff have inspected the area in the immediate vicinity of this property and have determined that provided the closed board wooden fence is modified as noted above, neither the wooden fence or chain link fence do not impact negatively on the right of way. However, there are no other similar fence installations in the immediate area.

Vista shots of the existing wooden and chain link fences are on file with my Department.

Conclusions:

There are no similar fence installations in the immediate area, however, if the property owner modifies the existing wooden fence to provide the required vision splay on the portion adjacent the driveway servicing the property, the wooden and chain link fences should be permitted to be maintained as they do not impact negatively on the public right of way.

Contact Name and Telephone Number:

Ken McGuire, 392-7894

    Manager

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