Fence By-law Variance Request -

1 Valleyanna Drive - North York Centre South

The North York Community Council recommends that:

(1) the report (November 18, 1999) from the District Manager - North, Municipal Licensing and Standards and Court Services, not be adopted; and

(2) the variance to the Fence By-law be approved, subject to the fence being installed in accordance with the revised drawing submitted by Mr. Paul Loader of Forest Fence and Deck Company Ltd., stamped, "Received - December 15, 1999" and being held on file by the Municipal Licensing and Standards Office, North District.

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)

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The North York Community Council also submits the following memorandum (January 6, 2000) from the District Manager - North, Municipal Licensing and Standards and Court Services:

Further to our report of November 18, 1999, (copy attached) Murray Tustin and myself met with Councillor Joanne Flint and the owner/occupant Dr. Robert Buckman on December 9, 1999. Solutions to our concerns regarding a sight obstruction have been addressed. The applicant/contractor has submitted a new drawing indicating the fence will be installed approximately 30 feet from the road curb adjacent to the driveway of 3 Valleyanna Drive, thus eliminating the sight obstruction to the neighbour exiting their driveway. In addition, Dr. Buckman has advised the north east portion of his circular driveway is to be closed off.

Accordingly, we would have no objection to approval being granted to this application, subject to the fence being constructed in accordance with drawing submitted by Mr. Paul Loader, of Forest Fence, received by this office on December 15, 1999.

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(Copies of the communication (September 29, 1999) from Mr. Paul Loader, Sales Manager, Forest Fence & Deck Company Ltd., and map attachments, attached to the foregoing report, respecting the application was forwarded to all Members of the North York Community Council with the agenda for its meeting on January 18, 2000, and a copy thereof is on file in the office of the City Clerk, North York Civic Centre.)