Clause embodied in Report No. 11 of the North York Community Council, to be considered by the Council of the City of Toronto at its meeting to be held on December 14, 15, and 16, 1999.

21

Other Items Considered by the Community Council

(b) Fence By-law Variance Request - 36 Waddington Crescent - Seneca Heights.

The North York Community Council reports having deferred consideration of the following report to its next meeting scheduled for January18, 2000:

(October 27, 1999) from the District Manager - North, Municipal Licensing and Standards and Court Services, reporting on an application received from Mr. Hamid Reza Moghimi for an exemption to North York Fence By-law No. 30901, as amended, and recommending that:

(1) the request for an exemption to the North York Fence By-law No. 30901, as amended, be refused as the fence will be constructed greater than 30" (0.76m) in height within 8' (2.40m) of the north front property line (Section 3.1.10 of By-law No. 33006); and

(2) the applicant be advised that a swimming pool will not be permitted in the front yard of the premises.

The North York Community Council also had before it a communication (November 23, 1999) from Donna Perrin, District Manager - North, Municipal Licensing and Standards and Court Services, stating that staff had met with the applicant; the Ward Councillors and the Transportation Division staff; that several options were suggested to the applicant in order to resolve the issue of fencing; that the applicant bring forward proposed options, and requesting that this matter be deferred to the next meeting.

October 27, 1999

To: Chairman and Members of the North York Community Council

From: Donna Perrin, District Manager - North, Municipal Licensing & Standards

and Court Services - UPDS

Subject: Variance Request from the provisions of the Fence By-Law - 36 Waddington Crescent - Seneca Heights (Ward 12)

Purpose:

To report on an application (August 20, 1999) received from Mr. Hamid Reza Moghimi requesting an exemption from North York Fence By-Law #30901, as amended.

Financial Implications and Impact Statement:

There are no financial implications for the City.

Recommendations:

It is recommended that:

(1) the request for an exemption to the North York Fence By-Law #30901, as amended, be refused as the fence will be constructed greater than 30" (0.76m) in height within 8' (2.40m) of the north front property line (Section 3.1.10 of By-Law #33006);

(2) the applicant be advised that a swimming pool will not be permitted in the front yard of the premises.

Background:

The former City of North York enacted Fence By-Law #30901 on June 28, 1989, being a by-law prescribing the height and description of lawful fences in the former City of North York, and for requiring the owners of privately owned outdoor swimming pools to erect and maintain fences and gates around such swimming pools. On May 28, 1997, the City enacted By-Law #33006, which amends By-Law #30901.

Since this property is a corner lot, the area where the applicant is seeking an exemption is actually the front yard of the premises and is, therefore, subject to the provisions of By-Law #33006.

Works and Emergency Services, Transportation Division, concur with out assessment regarding sight obstructions for residents egressing from residential driveways of approaching traffic, and a 6' fence would be a possible site obstruction.

On August 10, 1999, a Notice of Violation was issued to the owners of the property concerning the partial erection of a fence in the front yard, contrary to the provisions of By-Law #30901, as amended by By-Law #33006.

Conclusions:

It is recommended that this request for an exemption to the North York Fence By-Law #30901, to permit a six foot high solid board fence around the entire front and part of the east side yard be refused.

Contact: Harold Bratten, Acting Executive Director

Municipal Licensing and Standards - UPDS

Telephone: 392-8768

Donna Perrin, District Manager - North

Municipal Licensing & Standards and Court Services

Attachments (drawing)

Clause embodied in Report No. 10 of the North York Community Council, as adopted by the Council of the City of Toronto at its meeting held on November 23, 24, 25, 1999

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Other Items Considered by the Community Council

(City Council on November 23, 24 and 25, 1999, received this Clause, for information.)

(c) Fence By-law Variance Request - 36 Waddington Crescent - Seneca Heights.

The North York Community Council reports having deferred consideration of the following report to its meeting scheduled for December 2, 1999:

The North York Community Council also reports having requested the District Manager, North, Municipal Licensing and Standards and Court Services, Urban Planning and Development Services, to:

(i) visit on site with the applicant and Ward Councillors; and

(ii) include the next door neighbour in all future discussions with regard to this matter.

Mr. Hamid Reza Moghimi appeared before the North York Community Council in connection with the foregoing matter.

(October 27, 1999) from the District Manager, North, Municipal Licensing and Standards and Court Services, Urban Planning and Development Services, reporting on an application received from Mr. Hamid Reza Moghimi for an exemption to North York Fence By-law No. 30901, as amended, and recommending that:

(1) the request for an exemption to the North York Fence By-law No. 30901, as amended, be refused as the fence will be constructed greater than 30" (0.76m) in height within 8' (2.40m) of the north front property line (Section 3.1.10 of By-law No. 33006);

(2) the applicant be advised that a swimming pool will not be permitted in the front yard of the premises.