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HomeMy WebLinkAboutCL 15-03 Ûú¡o~ 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: ,/J 1: /;~. ¡j?' "l Bruce Taylor, AMCT, CMM City Clerk L Attachment Copy: Manager, By-law Enforcement Services Recommended for the consideration of Pickering City Council p 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