HomeMy WebLinkAboutCL 15-03
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REPORT TO
FINANCE & OPERATIONS COMMITTEE
Report Number: CL 15-03
Date: May 13, 2003
From:
Bruce Taylor, AMCT, CMM
City Clerk
Subject:
Fence By-law
Recommendation:
1. That Clerk's Report CL 15-03 regarding the Fence By-law be received.
2. That the draft by-law attached to Clerk's Report CL 15-03 to amend Fence By-
law Number 475f76 to allow staff to approve variances to the Fence By-law,
subject to appeals to Council, be enacted.
Executive Summary:
At the Finance & Operations Committee Meeting of March 24, 2003, Garry Stewart, 890
Darwin Dr., addressed the Committee with respect to the Fence By-law. He asked that
some consideration be provided so that he could construct a fence along the boundary
of his rear yard that would be six feet in height except for a span of about twenty-four
feet where the fence enters a swale and would result in that portion of the fence being
about eight feet in height.
Financial Implications:
Not applicable
Background:
At the Finance & Operations Committee Meeting of March 24, 2003, Garry Stewart, 890
Darwin Dr., addressed the Committee with respect to the Fence By-law. He stated that
there is a swale in his rear yard that results in a dip of about two to three feet and
therefore the fence he has constructed in his backyard does not comply with the Fence
By-law because his fence is straight across the top and where it enters the swale, the
fence exceeds the six foot height limit required by the By-law.
Report CL 15-03
Date: May 13, 2003
Subject: Fence By-law
Page 2
He asked that some relief be given to him because of this unusual circumstance and
the Committee referred the matter to the Chief Administrative Officer to investigate
options for the Committee to consider that may allow Mr. Stewart's fence to remain.
The following options were considered with respect to Mr. Stewart's request and
circumstances of a similar nature:
1.
HEIGHT OF FENCE
Staff surveyed most of the GT A municipalities and found that with respect to
residential boundary fences, Pickering's Fence By-law is very similar to all other
municipalities. The standard height of boundary fences in a rear yard is six feet.
2.
DEFINITION OF HEIGHT
The City of Pickering Fence By-law defines height as follows:
"for the purposes of calculating height....the level of land shall be deemed
to be the lower of such levels."
This is the section that causes Mr. Stewart his problem because as his fence
enters the swale, the By-law requires that his fence essentially follow the contour
of the land and therefore about a twenty-four foot section will be lower than the
rest of the fence.
Again, this definition of height is common in other by-laws because some
properties fall away quite dramatically into a ravine and a straight fence would
result in extremely high fences that would give the appearance of a wall rather
than a fence.
3.
ALLOWING VARIANCES TO THE FENCE BY-LAW
Most of the Fence By-laws passed by other GTA municipalities allow for Council
or staff to allow variances to any requirement of the By-law. Pickering's Fence
By-law only allows variances to be allowed for fences constructed on corner lots
where the fence along the side yard of the property abutting the road must be
only 42 inches in height. Staff are allowed to provide a variance so that such a
fence can be constructed up to six feet in height on condition that the fence will
not interfere with traffic sight lines. Any decision of staff is appealable to
Council, however, although staff have approved a large number of these height
variances, none have been appealed to Council.
I would recommend that the section that allows variances be expanded to allow
staff to approve minor variances to the Fence By-law on condition that the
proposed height is reasonable and does not contravene the purpose and intent
Report CL 15-03
Date: May 13, 2003
Subject: Fence By-law
Page 3
of the Fence By-law. Such an amendment to the Fence By-law would allow staff
to approve Mr. Stewart's fence because the swale is only about two feet deep
and it was a requirement of the Subdivision Agreement that the swale be
provided.
I have attached a draft by-law to amend the Fence By-law that will allow staff to
approve minor variances to the Fence By-law and that the decisions of staff
continue to be appealable to Council.
Attachments:
1.
Draft by-law to amend the Fence By-law
Prepared By:
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Bruce Taylor, AMCT, CMM
City Clerk
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Attachment
Copy:
Manager, By-law Enforcement Services
Recommended for the consideration of
Pickering City Council
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THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
Being a by-law to amend By-law Number
425/76 respecting residential fences and
swimming pool enclosures in the City of
Pickering.
WHEREAS the Council of the Corporation of the City of Pickering enacted By-law
Number 425/76 on July 5, 1976 respecting residential fences and swimming pool
enclosures in the City of Pickering; and
WHEREAS it is deemed expedient to amend that By-law to allow staff to approve
variances to any section of that By-law;
NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOllOWS:
1.
Section 10(1) of By-law Number 425/76 is hereby deleted and the following is
substituted therefore:
10(1) Any person, being the occupier or owner of land in the City of Pickering,
may apply to the Municipal Law Enforcement Officer of the City for
permission to exceed any of the requirements set out in this By-law, and if
the Officer is satisfied that the proposed application is reasonable and
does not contravene the purpose and intent of the provisions of this By-
law, then the Officer may grant such permission, in whole or in part,
conditionally or unconditionally, as is deemed adviseable.
BY-LAW read a first, second and third time and finally passed this 2nd day of June,
2003.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk