Fence By-law Variance Request - 219 Ruth Avenue -

North York Centre

The North York Community Council recommends the adoption of the following report (December 9, 1998) from the Commissioner of Urban Planning and Development Services; and that the request for a variance to the Fence By-law, be approved:

Purpose:

To address request for variance on height of fence on east side of the subject property.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendations:

It is recommended that:

(1)the application for a variance on the fence height be refused as the fence encroaches upon the neighbouring premises and the owner advised to remove the fence; or

(2)as the Committee of Adjustment has approved the east side yard setback to the deck of 0 metres whereas 1.8 metre is required which does not include the width of the posts for the fence, that the owner of No. 219 Ruth Avenue be requested to pursue the matter with the neighbours in order to obtain their approval for the fence to remain as an encroachment over their premises and, if approval is obtained from the neighbours to maintain the encroaching fence, that the fence be reduced in height to 2.13 metres (7 feet) measured from grade.

Council Reference/Background/History:

David Ho on behalf of Mr. Tony Chan of 219 Ruth Avenue has requested the variance on the fence on the basis that the fence is required to be 8 feet high measured from the deck and 11 feet high measured from grade to block the view of the roof of the neighbour's garage.

The problems at this site commenced in 1996 with (1) a deck structure constructed in the east side yard which encroaches into the side yard setback in contravention of Zoning By-law No. 7625, Section 6(9) and (2) the attachment to the deck of a fence greater than 2.13m (7 feet) in height *(actual measurement 10' to 12' measured from grade and approximately 38' in length) in contravention of By-law No. 30901, Section 3.1.3. A permit on record with the Building Division reveals a 3' x 3' platform and steps in lieu of the deck structure.

Subsequently, charges on both contraventions were brought before the Ontario Court (Provincial Division). Mr. Chan was convicted and fined $200.00 on each violation on October 19, 1998.

There was a hearing with the Committee of Adjustment on October 22, 1998 with respect to the variance required for the reconstructed unexcavated deck on the east side. The variance requested was to allow a setback of 0 m in lieu of the required 1.8 m. That application was approved.

Comments:

A photograph of the deck structure and fence is attached. As there is 0 m setback for the deck structure, it is clear that the fence is encroaching which is substantiated by a survey as well as being in contravention of By-law No. 30901.

Further, Mr. Ho's depiction in the sketch attached to the variance request does not show that the length of the fence extends another approximately 8.5 feet beyond the deck structure nor does it reflect the height at 10' - 12' above grade.

Mr. Ho has stated in his variance request that the height of the fence is intended to block the view of the roof of the neighbour's garage. This statement requires clarification given that the roof of the garage is peaked and would not be an area used for the purposes of a roof deck.

Mr. Chan would face the problem of cutting into the deck structure in order to remove the fence.

Conclusions:

1. The committee of Adjustment has approved the 0 m setback which does not include the fence; therefore, the fence is encroaching the neighbour's property and should be removed.

Option:

1. If Mr. Chan can come to an agreement with the neighbour to allow the fence to remain, the City will have no objection to maintenance of the fence provided it does not exceed 2.13 m in height, measured from grade.

Contact Name:

Donna Perrin, North District Manager

Municipal Standards and Court Services

395-7020

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The North York Community Council also reports having had before it a communication (February16, 1999) from Mr. Robert Yu, owner of 221 Ruth Avenue, advising that he has no objections to the encroachment or the lattice work above the deck of 219 Ruth Avenue since the lattice work serves its purpose of maintaining privacy between the parties involved.

(A copy of the photograph of the deck structure and fence referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)