November 18, 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: Fence By-Law Variance Request - 1 Valleyanna Drive

- North York Centre South (Ward 9)

Purpose:

To report on an application (September 29, 1999) received from Mr. Paul Loader, Sales Manager, Forest Fence and Deck Company, requesting an exemption from North York By-Law 30901, as amended.

Financial Implications and Impact Statement:

There are no financial implications for the City with regard to this matter.

Recommendations:

It is recommended that this application be refused.

Background:

The above premises is a single family dwelling located on a triangular lot immediately east of Bayview Avenue. The applicant proposes a six foot (6') solid board fence along a large portion of the front property line.

The property to the east is at a lower elevation and contains an existing stone retaining wall approximately two feet (2') high at the front property line. The erection of a solid board fence at the front property line, regardless of the height would create a sight obstruction to the neighbouring residents exiting their driveway. However, the by-law does permit a 30 inch (30") high solid fence in this area.

In addition, there is a landscaped island in the middle of Valleyanna Drive in front of the residence and driveway of 5 Valleyanna Drive. Traffic turning onto this roadway tend to do so fairly quickly to prevent being involved in a rear-end collision due to the volume and speed of traffic on Bayview Avenue.

Comments:

The applicant has the option of erecting the proposed fence eight feet (8') from the front property line, which would alleviate any possibility of creating a sight obstruction.

Conclusions:

Section 3.1.10 of North York By-Law 30901, as amended by By-Law 33006, limits the height of a fence to 30 inches (30") in the front yard within 8 feet (8') of the front property line. Since the property is situated on a bend in the road and close to Bayview Avenue, the fence would create a sight obstruction to the occupants of 5 Valleyanna Drive.

Donna Perrin, District Manager - North

Municipal Licensing and Standards and Court Services

Urban Planning and Development Services

(Tel: 395-7020)

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

(h) Fence By-law Variance Request - 1 Valleyanna Drive - North York Centre South.

The North York Community Council reports having deferred consideration of the following report to its next meeting scheduled for January 18, 2000:

(November 9, 1999) from the District Manager - North, Municipal Licensing and Standards and Court Services, rexporting on a request by Mr. Paul Loader, Forest Fence and Deck Company, for an exemption from North York Fence By-law No. 30901, as amended, to permit a six foot solid board fence along a large portion of the front property line, and recommending that the request be refused.

__________

Dr. Buckman, property owner, appeared before the North York Community Council, in connection with the foregoing matter.