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Maintenance of Fences - 348 Bartlett Avenue North
(Davenport)
The Toronto Community Council recommends that the south edge of the driveway of 344 Bartlett Avenue North be painted with yellow paint.
The Toronto Community Council reports having:
(1) requested the Commissioner of Works and Emergency Services to report directly to Council on front yard parking/driveway widening for 344 Bartlett Avenue North; and
(2) deferred consideration of the encroachment agreement until after the issue of maintenance of the fence on the private portion of the fence has been dealt with by civil court.
The Toronto Community Council submits the following report (September 29, 1999) from the Manager, Right of Way Management, Transportation Services, District 1, Works and Emergency Services:
Purpose:
To report on the home owners’ request to maintain chain link fences on both sides of the right of way servicing 348 Bartlett Avenue North and fronting 348 Bartlett Avenue North within the public right of way which exceed the maximum height permitted under Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code. In addition, the portion of the chain link fence fronting 348 Bartlett Avenue North is situated 0.30 m back of the sidewalk rather than 0.46 m. 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.
Recommendation:
That City Council approve the maintenance of the chain link fences on both sides of the right of way servicing 348 Bartlett Avenue North and fronting 348 Bartlett Avenue North, subject to the property owners entering into an encroachment agreement with the City of Toronto, as prescribed under Chapter 313 of the former City of Toronto Municipal Code.
Background:
Councillor Betty Disero, in her communication of August 18, 1999, has requested us to report on this matter.
Comments:
Mr. Joao Esteves and Mrs. Maria Esteves, owners of 348 Bartlett Avenue North, Toronto, Ontario M6H 3G7, submitted an application dated August 19, 1999, requesting permission to maintain chain link fences within the City’s right of way on both sides of the right of way servicing their property and fronting 348 Bartlett Avenue North.
The chain link fences are 1.3 m in height which exceed the maximum height of 1.0 m allowed for in Chapter 313 of the former City of Toronto Municipal Code. In addition, the chain link fence fronting the location is set back only 0.30 m rather than the required 0.46 m.
The portion of the fence which runs along the southerly limit of the property is located between the right of way servicing this property as well as the driveway to the immediate south, 344 Bartlett Avenue North and does not obstruct visibility of oncoming pedestrian or vehicular traffic as it is sufficiently set back 0.92 m from the City sidewalk and constructed of chain link.
Arising from a discussion with the neighbour at 344 Bartlett Avenue North, they are objecting to the newly installed chain link fence because it creates a problem for passengers exiting a vehicle stopped within their driveway. More specifically, the owner has commented that there is insufficient space to open the doors of a vehicle without hitting the fence.
In reviewing the application, it has become apparent that this portion of the fence was erected to curtail the use of the right of way servicing 348 Bartlett Avenue North by the neighbour at 344 Bartlett Avenue North. Appendix ‘A’ of this report is a copy of a letter dated June 9, 1999 from Michael Kimberly, the Esteves’ solicitor, addressed to the owners of 344 Bartlett Avenue North, which is self-explanatory.
While I can appreciate the neighbour’s concern in opening doors to their vehicle, 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 the chain link fences do not impact negatively on the right of way.
Conclusion:
As these chain link fences do not impact negatively on the public right of way, the fences should be permitted to be maintained.
Contact Name and Telephone Number:
Ken McGuire, 392-7894
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The Toronto Community Council reports, for the information of Council, having also had before it during consideration of the foregoing matter, the following communications, and a copy thereof is on file in the office of the City Clerk:
- (September 15, 1999) from Councillor Disero; and
- (Undated) Photographs and map respecting fence
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(A copy of Appendix A referred to in the foregoing report was forwarded to all Members of the Toronto Community Council with the agenda for its meeting on October 12, 1999, and a copy thereof is on file in the office of the City Clerk).
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