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HomeMy WebLinkAboutCS 47-08 ~ PI CKERING r,7 I , REPORT TO COUNCIL Report Number: CS 47-08 Date: October 20, 2008 From: Gillis Paterson Director, Corporate Services & Treasurer Subject: Appeal for Variance to Fence By-law, 1781 Spruce Hill Road File: A-1440 Recommendation: 1. That Report CS 47-08 of the Director, Corporate Services & Treasurer be received; and, 2. That Council provide direction as to the disposition of this appeal. Executive Summary: The owners of 1781 Spruce Hill Road have erected a fence on the west side of their swimming pool which exceeds the maximum height permitted by the City of Pickering Fence By-law. They are requesting permission to keep the fence as constructed, 6 feet solid board, with an additional 2 feet of lattice on top. Financial Implications: This report does not contain any financial implications for the City of Pickering Sustainability Implications: implications. This report does not contain any sustainability Background: The property at 1781 Spruce Hill Road was severed from a larger lot with the house constructed within the last two years. The lot is in an "L" shape, with the swimming pool being located directly behind the neighbouring property's rear lot line. The neighbouring property also contains a pool, with a raised grade with sitting area around the pool. However, the property grade slopes again so that the grade is level at the location of the fence. The section of the fence which exceeds the maximum height was constructed to provide privacy as the sitting area around the. neighbouring pool overlooks the pool constructed at 1781 Spruce Hill. The City of Pickering Fence By-law 425/76 permits a maximum fence height of 6 feet on residential properties, but does provide for a variance process where circumstances may warrant an increased fence height. (i.e., large changes in grade) Report C4 7 -08 Date: October 20, 2008 Appeal for Variance to Fence By-law, 1781 Spruce Hill Road c5 Municipal Law Enforcement Services had received a complaint regarding the contravention of the fence by-law and met with the owner of 1781 Spruce Hill. The provisions of the fence by-law were explained, as well as the variance process in place. The owners of 1781 Spruce Hill Road requested a variance authorizing the increase in height which was not approved by Municipal Law Enforcement Services. The property owner has the right to appeal to Council for a final decision. Attachments: 1. Photograph of 1781 Spruce Hill Fence 2. Photograph of Neighbouring Property's Pool Area 3. Photograph of Grade at Fence line from Neighbouring property Prepared By: Approved I Endorsed By: ~ " " \ ~,''-t\ DebrA: ~iIC~6bb, ~~~n1t! City Clerk C'.~_~7_"""" ... "'1' ~ ~~.. . Gillis Paterson, Director, Corporate Services & Treasurer :kt Copy: Chief Administrative Officer Recommended for the consideration of Pickering Ci Council \' /~ // Ii \ .. h' CORP0227 -07/01 ~Iepqry C4 7-08 ! Date: October 20, 2008 Appeal for Variance to Fence By-law, 1781 Spruce Hill Road CORP0227-07/01 Report C4 7 -08 Date: October 20, 2008 Appeal for Variance to Fence By-law, 1781 Spruce Hill Road : ~l ~I Attachment 2 - Photograph of Neighbouring Property Pool Area & Grade CORP0227-07/01 Report C47-08 Date: October 20,2008 r\Appeal for Variance to Fence By-law, 1781 Spruce Hill Road Attachment 3 - Photograph of Grade Level at Neighbouring Property CORP0227-07/01