The purpose of this report is to respond to the April 21, Finance and Administration Committee direction:

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Godfrey Ward
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1 Report To: Corporate Services Committee Item: From: Subject: Rick Stockman, Commissioner Corporate Services Department Regulating Rear-Yard Fence Heights CORP File: D-2110 Date of Report: November 9,2011 Date of Meeting: November 17,2011 PUBLIC REPORT 1.0 PURPOSE The purpose of this report is to respond to the April 21, Finance and Administration Committee direction: "That Correspondence FA dated April 8, from Andrew Davis requesting the City adopt a by-law to restrict the height of backyard fences, be referred to staff for a report." 2.0 RECOMMENDATION That the Corporate Services Committee recommend to City Council: That in accordance with Report CORP "Regulating Rear-Yard Fence Heights" dated November 9, 201 1, that staff be authorized to schedule a public meeting to be held by the Corporate Services Committee in early 2012 to consider a proposed by-law passed under the Municipal Act related to the rear-yard height of fencing and hedges. 3.0 EXECUTIVE SUMMARY At its April 21, 2011 meeting, the Finance and Administration Committee considered correspondence from Andrew Davis (Attachment 1) dated April 8, 2011 which requested that the City adopt a by-law to restrict the height of backyard fences. Following the meeting, Committee directed staff to report on the issue. Fence heights are presently regulated by the City's Zoning and Pool Enclosure By-laws; however, neither of the by-laws limits the heights of.interior or rear yard fences with the exception of a 2.2 metre height restriction for exterior side yard and rear-yard fences that abut a flanking street. It is being recommended that the City draft a new FenceIHedge By-law to regulate such physical structures or natural hedge growth. In addition, it is also recommended that the fencelhedge height regulations presently contained in the Zoning By-law be deleted.

2 Report to the Corporate Item: CORP-I 1-17 Services Committee (Continued) -2- Meeting Date: November 17, INPUT FROM OTHER SOURCES 4.1 General 9 Planning Services 9 Legal Services 4.2 Auditor General 9 The Auditor General has no comments 5.0 ANALYSIS 5.1 Background 9 At its April 21, meeting, the Finance and Administration Committee considered correspondence from Andrew Davis dated April 8, which requested that the City adopt a by-law to restrict the height of backyard fences. 9 Mr. Davis' request relates to his situation whereby his neighbour has constructed a rear yard fence in excess of three metres or ten feet. 9 Following the meeting, Committee directed staff to report on the issue. 5.2 Regulating Fences and Hedges P Fencinglhedges are regulated for a number of reasons, including but not limited to: Ensuring that minimum sight lines are maintained for vehicular and pedestrian safety; Safety around pools; and Maintaining aesthetics in the front yards of properties. 9 The height of fences and hedges in Oshawa are regulated, to varying degrees, in the City's Zoning By-law and the Pool Enclosure By-law The Pool Enclosure By-Law only regulates the minimum height of fences, not maximums. 9 The Zoning By-law restricts fence or hedge heights in front yards and sight lines for vehicular and pedestrian safety, but does not restrict interior side or rear yard heights which, is where Mr. Davis has an issue.

3 Report to the Corporate Item: CORP Services Committee (Continued) Meeting Date: November 17,201 1 P The maximum heights of fences and hedges as regulated under section 4.12 of Zoning By-law are summarized in Table 1 below. Lot Table I Fence and Hedge Height Regulations Under Zoning By-law 60-94' Front Yard Corner Sight Triangles Driveway Sight Triangles Exterior Side Yard Interior Side Yard Corner Lot metres 0.9 metres 2.2 metres No height No height metres restriction restriction Interior Lot 0.9 Not 0.9 metres Not No height No height metres Applicable Applicable restriction restriction Note 1 A 2.2 metre fencelhedge height restriction applies to rear yard fences which abut a flanking street (Equal only to the exterior side yard depth). Rear P The chart clearly illustrates that the City does not have height restrictions for interior side or rear lots. P It is recommended that the City establish regulations for fences and hedges in the rear yard and interior side yards for the following reasons: Excessively high fencesthedges impede the sight lines and the views of property owners; Depending on the situation, fencesthedges could be builtlgrown at unrestricted heights that could "box in" the rear yard of a property thus providing for very little sunlight; and Other municipalities have implemented standards for such fencingthedges based on the same principles and have found that the regulations have addressed many neig hbourhood conflicts. P For reference and convenience purposes the following excerpts from Zoning By-law are provided as attachments: Illustration of Sight Triangles and Maximum Fence and Hedge Heights (Attachment 2) Subsection 4.12 Fences and Hedges (Attachment 3), Illustration of Yard Definitions (Attachment 4) Regulating FenceIHedge Heights: General Implications P The City has generally regulated fencesthedges in the front yard and exterior side yard since at least 1957 through the Zoning By-law

4 Report to the Corporate Item: CORP Services Committee (Continued) -4- Meeting Date: November 17, It is recommended that fence and hedge regulations be included in a new and separate by-law and removed from the Zoning By-law. Establishing a separate by-law is consistent with the practice of other municipalities as shown in the following survey. 5.3 Survey of Other Municipalities 9 As noted in Table 2 below, a survey of fence and hedge height standards of surrounding municipalities was conducted. All municipalities reported having fencelhedge by-laws separate from their Zoning By-laws. Table 2 Survey of Municipalities: Fence and Hedge Height Standards By-law Regulating Fence Height Regulations (m) Measurement Municipality Fence & Hedge Rear Yard Side Front of Fence Heights yard' yard2 Height Ajax Yes I At grade 1 1 Pickering Yes (stid) At grade (open) Whitby Yes At grade Clarington Yes At grade Scugog Yes At grade Toronto Yes Average grade (solid) Effective Mississauga Yes 2 2 ground level (open '5 ) Oakville Yes At grade Effective Windsor 1 Yes arade level Notes: 1. ~ncludes both interior and exterior side yards. hedge height restriction applicable to front yardlsight triangles only; different measurements may apply. 5.4 Proposed By-law Considerations P It is recommended that a public meeting be held in early 2012 to consider a proposed new by-law passed under the Municipal Act to regulate the height of fences and hedges. 9 It is proposed that the draft by-law have a "legal non-conforming" structure built into it to protect existing hedges and fences which comply with the by-law or complied with predecessor by-laws. It will be the responsibility of a fencelhedge owner to prove legal non-conformity not the City's.

5 Report to the Corporate Item: CORP Services Committee (Continued) Meeting Date: November 17,201 1 P With respect to the complaint introduced by Mr. Davis, the fencing which he is concerned about is not in violation of any by-law at this time. The passage of a new fencelhedge by-law that has legal non-conforming rights provisions would protect the neighbour's fence and accordingly would not address Mr. Davis' concerns. 6.0 FINANCIAL IMPLICATIONS > There are no direct financial implications related to this report. 7.0 RESPONSE TO THE COMMUNITY STRATEGIC PLAN > The recommendation to hold a public meeting is in accordance with Goal C (A Caring and Responsive Community) of the Community Strategic Plan by ensuring accountability to citizens and effective City management. ~ u ~ plaw a Enforcement l and Licensing Services Corporate Services Department Attachments

6 Item: CORP-I1-17 Attachment 1 S. 14(1),Municipal Freedom of lnformafion and Protection -----Original Message ofpfiacy~ct From: Andrew Davis Sent: Friday, April 08,201 I3:36 PM - To: Patricia Noken Cc: Mark Sheriff;, 4. ''Ci), ~&?f% i 'Kerry Davis '; 'Lorraine Van Ooyeri Subject: Follow up on Back yard fence bylaw enclosed is a picture Importance: High Dear Patricia Nokes and Mr. Sheriff Iwould like to take this opportunity to thank you Mrs. Nokes for taking my call today, at Il:30am on April 8, 2011 and Mr. Sheriff at 15:02 1 wanted to include this message along with the phone message that 1 left with you for the Mayor and the Mayor's Assistant. 1 trust that this may also help clarify some questions the Mayor and or his Executive Assistant, or council may have. Please forward this to all the current sitting councilors. I understand that it does take time to pass By-laws and that the by-law I am requesting that Oshawa Council pass, is for Fence height restrictions in the backyard. I understand that the By-law wouldnlt be implemented in time to benefit my household, unless amendments were made to "Excessive height Fences" that By-law. Residents of Oshawa need there council to protect the most expensive assets in which a person or family have and that is their home and property. Passing a backyard fence height restriction By-law will do that. Oshawa has some amazing views having obstructions like IOft+ fences and gazebo's in their yards with out By-laws allows people to do what they want. Oshawa Council should be looking at its fellow neighbouring communities of Durham Region, York and Peel as these communities all currently have a height restriction on Backyard fences from 5ft to 7ft maximum height restriction. OSHAWA currently is the only municipality in Durham Region and most surroundings regions that doesn't have a height restriction for backyard fences. There are already by-laws written that Oshawa could review to help ensure passing a By-law efficiently.

7 Here is a list of reasons Council shoutd consider for Height restrictions to. include; View obstructions many people like my family bought our house because we enjoyed the view that this house has to offer on/ near lake front, trails, and green belts Efficiency - Lower energy costs in summer to have a breeze. - Sun for the winter and summer, Planting - Vegetables, flowers make for nicer looking yards and promote green communities Safety - if there is an emergency and the only exit was to the back yard and a person needed to get out they would have 1Oft+ wall blocking exit.. Uniformity - In neighborhoods and overall attractiveness uniformity makes cities look much nicer cleaner and inviting Decreased Property values- If an area all built fences of all different heights some of which go to 10+feet property values go down same with taxes and that means less revenue for the city. A homeowner that can't sell their home because of what another neighbour has done to Property boarding another property. The selling Homeowners in desperation may sell to undesirables which could increase crime and with crime means more money the City of Oshawa needs to put out on Policing that area. Possible Structural Damage] Risk of Injury - The fence that my neighbour built as shown in the picture I enclosed shows they have built 3 additions 1 on top of the other. This Fence, bolts screws hardware I am assuming is 20 years plus. We live facing east to west. To the immediate south of us is the lake with no obstructions that means when the wind blows, and it does blow strong at times that this solid fence structure having the stress from the wind may cause the structure to fail and a great potential to cause serious injury to person(s)and dwelling. My hope was that this By-law would have been passed already to avoid more potential additions to the fence. Then if I had called the City inspector to review the structure and helshe deemed it to be unsafe and instructed the neighbour to take the fence down, the neighbour would not be able to reconstruct it because of the new height restriction backyard fence By-law. 1 don't want to make this call until the By-law is passed. The new By-law will help citizens like myself, and is an opportunity to protect those citizens it couldn't help in the past.

8 1 was surprised to hear from previous council members and current sitting members that they were unaware that we didn't' have a backyard height restriction By-law for fences; The only exception is for your front yard max 3ft and ba,ckyard corner lot fence restriction which is also 3ft. My intention to have this By-law passed is to stop other citizens from being harassed and bullied and their property devalued, by a selfish neighbour. Oshawa can stop Neighbour bullying! Iwould kindly to ask that you keep me up to date on this by-law and progress as ta what has been done thus far. Respectfully, Ilsignedll Andrew Davis... S. 14(1), Municipal Freedom of lnfonnafionand Protection ofprivacy Act ', S. 14(1), Municipal Freedom -----Original Message I of~nfomation and Protection From: Andrew Davis ofprivacy Act : Sent: Wednesday, March 09,201 Ii:38PM To: 'pnokes@oshawa.ca' Subject: Picture of Fence Importance: High Dear Patrica Nokes, As per my conversation yesterday March 8th between Mayor Henry and myself, Andrew R. Davis, I have enclosed a photo of the fence structure that my neighbour has built. Ihad my wife take this picture to show the mere size of the fence I am almost 6 feet in height. The view behind this fence is the view of the lake and new water front trail.

9 My house is 1533 Connery Crescent, L?J 8G2 The house that constructed this fence is; 1531 Connery Cres!6.1q~~),wflf'f~ For ease of reference, here is a link to a map from google maps ' hannel=s&hi=en&q=1533+connery+cres&um=-l&ie=utf- 8&hq=&hnear=l533+Connery+Cres cent,+oshawa,+on+llj+8b2&gl=ca&ei=msf3tauckcalrqgbplhrbg&sa=x&o~=geo code-res ult&ct=title&resnum=l &ved=ocbuq8gewaa My request is that The City of Oshawa would pass a by-law in regards to the maximum height a fence can be in the rear of a yard. :;f*k] Mr. :NC~PPA 1 has compeleted two sections of the fence and I am afraid he will completely close in the yard at the same height he is currently building in early spring. There is no obvious reason why this fence needs to be extended beyond the existing fence height(seen in the two different fence designs) as he has no pool, animals etc. Thank you for speaking with me and taking the time to listen to our family needs and I believe many other families that are experiencingthis very same issue due to the lack of a rear fence height by-law. Respectfully, //signed// Andrew R. Davis S. 14(t ), Municipal Freedom of Information and Protection of Privacy Act

Item: CORP-11-17 Attachment 2 Fence or hadae maxrmum he~ohto 9 rn a No fence or hedge height IlmP U, E- -.I Fenm or hedge maximum height 2.2 m Buitding, slruaure, tence or plant 0.

11 Item: CORP Attachment 2 Fence or hadae maxrmum he~ohto 9 rn a No fence or hedge height IlmP U, E- -.I Fenm or hedge maximum height 2.2 m Buitding, slruaure, tence or plant 0.9m rnaxlrnurn helght above grade of centre line of streets Lot Lina ' IMPROVED STREET - I -cer!ie ir!e QLst!eeL -, - -, , I - Notes i ) The abve lllustraliaris are far clsifimt~on wid rnnverrlerlce on&arid do riot forri~part of the By L w 2) Tbiese provluor~s. ricrt appllmble in CBD Zone 31 Refer to Puai Errclosure By-law for pal fericirig requirortvdts 4) See SU~SBCLIUII 4 12 for boutrdaryferrut! exernp~~hrl~ July

12 Item: CORP-I Attachment 3 MINIMUM FRONT LOT LINE Notwithstanding any other provision of this By-law, no person shall erect or use a building or structure on a lot unless the front lot line of the lot has a length equal to or greater than: (a) (b) One-half of the minimum required lot f~ontage established for the zone in which the lot is located; or 6.0m1 where there is no minimum required lot frontage. FENCESANDHEDGES Except as may be specifically provided for elsewhere in this By-law, this Subsection applies to all Residential Zones, Office Zones, Mixed Use Zones and Commercial Zones, except the CBD Zone. ( , OMB PL060815) No fence or hedge which is greater than 0.9m in height shall be erected, grown or maintained in any front yard, provided, however, that any boundary fence or hedge erected, grown or maintained between the front yard of a lot and the abutting rear yard of an adjoining lot, shall be subject only to the rear yard and exterior side yard height restrictions of Articles and ( ) No fence or hedge which is greater than 2.2m in height shall be erected, grown or maintained in any exterior side yard, nor in that portion of any rear yard which abuts a flanking street which is a distance from that street equal to or less than the depth of the exterior side yard. ( ) Notwithstanding Articles and , no fence, hedge, tree, shrub or other plant shall be erected, maintained, or permitted to be grown to a height greater than 0.9m in any area which is bounded by the street line, the side of a driveway leading from that street, and a straight line joining the points in the street line and the side of the driveway line which are a distance of 3.0m from the point of their intersection. ( ) Notwithstanding Article , where a hedge or fence is within 0.3m of an interior side yard lot line, and where the lot abutting the hedge or fence has a lesser front yard depth than the subject lot, the hedge or fence may be erected, grown or maintained at a height greater than 0.9m up to, but no closer to the street than, the front wall of the main building of the said abutting lot. ( ) TEMPORARY SALES OFFICE AND MODEL HOMES Notwithstanding any other provision of this By-law, a temporary sales office, used exclusively for the sale of residential lots or dwelling units in a plan of subdivision or condominium, which has received draft plan

13 Item: CORP Attachment 4 Illustration of Yard Definitions FRONT LOT LINE-' IMPROVED STREET II~ ot Line -- Permitted Burld~ngLocat~on liota The above iliustrat'~~i~s are far ~ i~irifrcat~~i aiid cnlivenierce oil,.13d do tiol!~*ii~ art 31 [hi: By lab

Corporate Services Department June 21,2012

~OShawa. Report To: From: Corporate Services Committee Item: Date of Report: CORP-12-157 June 14, 2012 Rick Stockman, Commissioner File: Date of Meeting: Corporate Services Department 0-2110 June 21,2012