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Fence By-law Variance Request - 801 Willowdale Avenue -
Ward 10 - North York Centre
The North York Community Council recommends that the following report (February 2, 1998) from the Solicitor, North York Civic Centre, not be adopted and that the application to permit the existing fence to remain as constructed, be approved:
Purpose:
To report on an application to permit the existing fence located on the north side of the property to remain as constructed notwithstanding that the height of the fence does not comply with North York Fence By-law No. 30901, as amended.
Financial Implications:
There are no financial implications for the City.
Recommendation:
It is recommended that the request to permit the fence to remain as constructed be refused.
Background:
The former City of North York enacted Fence By-law No. 30901 on July 8, 1992 being a by-law for prescribing the height and description of lawful fences.
Discussion:
The subject property is located on the east side of Willowdale Avenue and contains a single family dwelling. The owner of the property has erected a wood board fence along his north property line. The fence commences at an accessory structure located in the north-east corner of the property and terminates in the side yard between 801 and 805 Willowdale Avenue. The fence is approximately 12.19m (40 feet) long and is approximately 2.96m (9' 9"). A site plan showing the location of the fence is attached hereto.
Generally speaking, the intent of the fence by-law is to permit 2.13m (7 ft.) fences to be erected on residential properties with some additional relief available to property owners for a privacy screen. Specifically, section 3.1.3 of the North York fence by-law states:
A Except as provided in Sub-section 3.1.2,3.1.4, 3.1.5, and 3.1.6 and 3.1.7 no person shall erect, permit, have or maintain on single residential property a fence greater than 2.13m (7 ft.) In height.@.
Furthermore, Section 3.1.7 of the fence by-law states:
A Except as provided in Sub-section 3.1.2 any portion of a fence erected between residential properties, may be increased to a height not exceeding 2.5m (8.2ft.) provided that the aggregate length of such portion or portions does not exceed 7.2m (24 ft.) per lot.@
Conclusions:
It is therefore recommended that the request to maintain the fence as constructed be refused inasmuch as both the height and length of the fence (privacy screen) exceed the general intent of the by-law.
Contact Name:
David Roberts, Director of By-law Enforcement Services,
North York Civic Centre
395-7020, Fax 395-7056
E-mail: Dave@City.North-York.on.ca
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The North York Community Council reports having also had before it a communication (November 4, 1997) from Andrew and Georgiana Diu and Andrew and E. Jeane Hannigan advising that the fence was agreed upon mutually by the owners of 801 Willowdale Avenue and 805 Willowdale Avenue.
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