Fence Height Exemption Request

at 47 Don Valley Drive

The East York Community Council recommends that:

(1)the request for a fence height exemption at 47 Don Valley Drive, be approved;

(2)the appropriate By-law Amendment be forwarded to City Council;

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

(4)the communication (November 4, 1998) from Ms. Tessie Leung, East York, be received:

Purpose:

The purpose of this report is to outline a fence height exemption request received from the owner of 47 Don Valley Drive.

Financial Implications and Impact Statement:

The application has no financial implications or impact on the City. The applicant has submitted the non-refundable fee of $200.00 for the exemption request to be heard, as required by the by-law.

Recommendation:

It is recommended that this report be provided for information purposes and that, should the Community Council approve the request, staff be instructed to bring forward the appropriate by-law amendments to City Council.

Background:

On October 19, 1998, a complaint was received by the Division indicating that a fence was being constructed in the front yard of premises municipally known as 47 Don Valley Drive. A subsequent inspection revealed that a fence/screen had been constructed in the front yard primarily on private property and partially on the municipal road allowance.

Applicable by-laws restrict the height of fences in front yards to a maximum of 0.9 metres (3 feet).

The fence in question consists of a length of approximately 9.14 metres (30 feet) of fence running along the east property line. The height of the fence varies from 1.78 metres to 1.96 metres (5'10"-6'5"). The fence is located 2.9 metres (9' 6") back from the curb of the roadway. There is no public sidewalk abutting this property. The property is located in the middle of the block of this dead-end portion of Don Valley Drive.

Comments:

The applicant's reasons for seeking the fence height exemption are detailed in her letter of application. It is understood that the fence was erected in conjunction with the re-landscaping of the front yard area.

Staff have inspected the site and reviewed the application. Based on their observations, there are no apparent obstructions of vision which might impede safety for the neighbour using the abutting driveway. As such, staff have no objections to the request for exemption.

Conclusions:

A fence/screen which exceeds the permitted height for fences in front yards has been erected at 47Don Valley Drive. Staff have no objection to allowing the fence, as it is now constructed, to remain.

Contact Name:

Michael Vince

Manager of By-law Enforcement

778-2220

The East York Community Council reports, for the information of Council, also having had before it a communication (November 4, 1998) from Ms. Tessie Leung, East York, requesting an exemption to the By-law.

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Ms. Tessie Leung, East York, appeared before the East York Community Council in connection with the foregoing.