Fence By-law Variance Request -

411 Glencairn Avenue -

North York Centre South

The North York Community Council recommends the adoption of the following report (January 5, 1999) from the Commissioner, Urban Planning and Development Services:

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 No. 30901, as amended, it is recommended that the exemption be granted with a condition for the following reasons:

(i)the 19 foot 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 feet of 2 feet 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 feet x 30 feet x 17 feet, 6 inches) 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 feet in length and 30 inches in height. There is also erected a 6 foot, 2 inch, solid board fence with 6 inch x 6 inch posts extending approximately 10 feet above the fence. The wall, fence and posts are at an approximate height of 19 feet above grade. Each post is laterally supported by a heavy ½ inch galvanized bracket and each end of the fence is supported by an open section 6 feet x 6 feet, 6 inches, consisting of a top and bottom rail and a 6 inch x 6 inch 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 foot, 2 inch x 8 feet of fencing consisting of 6 feet, 2 inches, of solid board fence with 2 feet of latticework and three sections of 6 foot, 2 inch x 8 feet of solid board fence at the north-east corner of the rear yard.

Section 3.1.7 of By-Law No. 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 feet) provided that the aggregate length of such portion or portions does not exceed 7.2m (24 feet) per lot@.

Conclusion:

That the variance requested be permitted provided the existing 16 feet of 2 foot 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