Purpose:

To report on an application to amend North York Fence By-law No. 30901 to permit a fence to remain as constructed on the property municipally known as 134 Groton Street notwithstanding the said fence does not comply with the fence by-law.

Financial Implications:

There are no financial implications for the City.

Recommendation:

It is recommended that the wrought iron/sheet metal fence located on the property be maintained as constructed.

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. By-law No. 33006, enacted on May 28, 1997, further amended the Fence By-law to, among other things, prohibit the erecting or maintaining of fences constructed primarily of solid sheet metal or corrugated metal panels.

Discussion:

The subject property is located on the west side of Groton Street and contains a single family dwelling. The owner has erected a 34.14m (112 feet) fence along his south property line. The westerly 25m (82 feet) of the fence is of chain link construction and is approximately 1.20m (4 feet) high. This portion of the fence complies with the fence by-law. The remainder of the fence is constructed of decorative wrought iron, it is approximately 1.82m (6 feet) high and projects easterly toward the street for a total length of approximately 9.14m (30 feet). This same wrought iron fence has solid metal panels attached to its south side. The fence appears to be well constructed.

The distance between the fence and the front lot line is approximately 5.48m (18 feet). This area of the property has been landscaped with bushes and a cedar hedge both of which we feel should be kept trimmed so as not to block the >line of sight= for vehicles exiting the property.

Although the wrought iron and sheet metal portion of the fence appears to be well constructed and maintained, it does not comply with Section 4.1.4 of the by-law which states:

"No person shall erect or maintain or permit to be erected or maintained a fence or any portion of a fence constructed primarily of solid sheet metal or corrugated metal panels."

Conclusions:

It is therefore recommended that a by-law be enacted to permit the wrought iron and sheet metal fence to be maintained as constructed subject to:

(1) any landscaping located along the south property line and within 2.40m (8 feet) of the front lot line not exceeding a height of 0.76m (30 inches);

(2) the fence be maintained in compliance with the fence by-law in all other respects; and

(3) the appropriate City Officials be authorized and directed to take the necessary action to give effect thereto.

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 (February 17, 1998) from Mr. Frank Di Giorgio, a copy of which is on file in the office of the City Clerk, North York Civic Centre.