Fence Height Exemption Request

at 274 Rumsey Road

The East York Community Council recommends the adoption of the following report (June 2, 1998) from the Commissioner of Development Services, East York:

Purpose:

To report to the June 24, 1998 meeting of the East York Community Council on a request for a fence height exemption from 858982 Ontario Inc. for the property at 274 Rumsey Road.

Financial Implications:

The applicant has submitted the non-refundable fee of $200.00 for the exemption request to be heard, as is required by the by-law.

Recommendations:

That the exemption request be granted and that staff be instructed to bring forward the appropriate by-law amendment to City Council.

Background:

On August 22, 1997, a resident of East York, who lives three blocks away from the property at 274 Rumsey Road, complained about a fence which was very close to the public sidewalk and that was six feet high. An inspection was conducted and the fence was found to be almost two feet behind the public sidewalk and the fence was 6' 8" in height.

It was determined that the setback from the sidewalk was greater than that required by the by-law which requires fences to be set only one foot. On the other hand the height of the fence exceeds the 3 feet allowed by the by-law.

This location is a corner lot. The Zoning By-law deems the shortest dimension of a property to be the front lot line. The building at 274 Rumsey Road faces onto Eglinton Avenue East. Essentially, what is the legal front yard actually acts as the side yard of the property. Unfortunately, since the Zoning By-law deems the area to be the front yard, Fence By-law No. 111-92, respecting fences on road allowances, restricts the height of such fences to three feet.

Comments:

The applicant has advised that they do not intend to add to the length of fence that is there. It would seem that the configuration of the building on the site causes the zoning-defined front yard to be a side yard. Thus, the fence constitutes a technical breach of the by-law.

Conclusions:

Staff have no reasons for refusing this exemption request and view it as a technical breach of the by-law due to property configuration and there is no objection to allowing the fence.

Contact Name:

Michael Vince

Manager of By-law Enforcement

778-2220

The East York Community Council also submits the following communication (May 18, 1998) from Ms. Riva Kirsh, East York:

"Thank you for your letter dated May 5, 1998. In connection therewith, this will serve as our request for an exemption of the By-Law pertaining to the fence abutting 274 Rumsey Road.

We are enclosing our cheque for $200.00 to cover your costs as requested.

This request is being made, to set out that this fence:

(a)provides for privacy particularly in view of the fact that our corner house has no back yard and adjoins an intersection with heavy vehicular and pedestrian traffic (i.e. Rumsey Road and Eglinton Avenue East);

(b)prevents the cross access taken by those who routinely walk and cycle across our front lawn, to and from Eglinton Avenue East and Rumsey Road;

(c)provides additional protection and security from vehicle accidents; (we refer to a major vehicle accident at the intersection of Rumsey Road and Eglinton Avenue East resulting in two cars careening onto the front lawn metres away from the front steps).

This is to point out further that the surrounding shrubbery and foliage to this wrought iron fence is decorative and it enhances the aesthetics of our neighbourhood.

Lastly, there are several examples of wooden fences in the immediate vicinity of equivalent or greater size (i.e. on the South West corner of Eglinton Avenue East and Rumsey Road; and on the South East corner of Eglinton Avenue East and Rumsey Road). Other fences are shown on the enclosed List. There is also a hedge on the North East corner of Eglinton Avenue East and Rumsey Road.

I trust the aforegoing will be satisfactory in respect of our exemption request. In the meantime, please contact me should you have any questions. Thanking you in advance for your time.

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List of Properties

 272 Rumsey Road

267 Rumsey Road

712 Eglinton Avenue East

221 Hanna

674 Eglinton Avenue East

663 Eglinton Avenue Eeast

662 Eglinton Avenue East (at Donlea Drive)

*This is a list of properties in the immediate vicinity to 274 Rumsey Road with fences of equivalent of greater size; This list is not meant to be exhaustive."

(Copy of map attached hereto, is on file in the office of the City Clerk.)