Fence By-law Variance Request -

36 Waddington Crescent - Seneca Heights

The North York Community Council recommends the adoption of the following report (October 27, 1999) from the District Manager - North, Municipal Licensing and Standards and Court Services, Urban Development Services:

Purpose:

To report on an application (August 20, 1999) received from Mr. Hamid Reza Moghimi requesting an exemption from North York Fence By-Law #30901, as amended.

Financial Implications and Impact Statement:

There are no financial implications for the City.

Recommendations:

It is recommended that:

(1) the request for an exemption to the North York Fence By-Law #30901, as amended, be refused as the fence will be constructed greater than 30" (0.76m) in height within 8' (2.40m) of the north front property line (Section 3.1.10 of By-Law #33006);

(2) the applicant be advised that a swimming pool will not be permitted in the front yard of the premises.

Background:

The former City of North York enacted Fence By-Law #30901 on June 28, 1989, being a by-law prescribing the height and description of lawful fences in the former City of North York, and for requiring the owners of privately owned outdoor swimming pools to erect and maintain fences and gates around such swimming pools. On May 28, 1997, the City enacted By-Law #33006, which amends By-Law #30901.

Since this property is a corner lot, the area where the applicant is seeking an exemption is actually the front yard of the premises and is, therefore, subject to the provisions of By-Law #33006.

Works and Emergency Services, Transportation Division, concur with our assessment regarding sight obstructions for residents egressing from residential driveways of approaching traffic, and a 6' fence would be a possible site obstruction.

On August 10, 1999, a Notice of Violation was issued to the owners of the property concerning the partial erection of a fence in the front yard, contrary to the provisions of By-Law #30901, as amended by By-Law #33006.

Conclusions:

It is recommended that this request for an exemption to the North York Fence By-Law #30901, to permit a six foot high solid board fence around the entire front and part of the east side yard be refused.

Contact:

Harold Bratten, Acting Executive Director

Municipal Licensing and Standards - UPDS

Telephone: 392-8768

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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 Courts Services:

Further to our report of October 27, 1999 and our request to defer this matter to the next meeting, Murray Tustin met with the Councillors, the Transportation Division staff and the applicant on November 19, 1999. Several options were discussed with the applicant regarding a resolution of the fence issue. The applicant was to review his options and advise Mr. Tustin which option he would select as soon as possible.

To date Mr. Hamid Reza Moghimi has not advised this office of his intentions in this matter. Accordingly, we would recommend this application be refused as suggested in our original report.

Contact:

Donna Perrin, District Manager - North

Municipal Licensing and Standards and Court Services

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(Copies of two letters (September 27, 1999 and August 20, 1999) from the applicant and one memorandum (November 23, 1999) from the District Manager - North, Municipal Licensing & Standards and Court Services, 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.)