HomeMy WebLinkAboutCLD-10-04
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REPORT 114
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REPORT
CLERK'S DEPARTMENT
Meeting:
COUNCIL
Date:
March 22, 2004
Report #: CLD-10-04
File#:
By-law #:
Subject:
CONSIDERATION OF THE FENCE BY-LAW
ROBERT SAVAGE
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT Report CLD-1 0-04 be received; and
2. THAT a copy of Report CLD-1 0-04 be forwarded to Mr. Savage.
Submitted by:
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Reviewed by: Franklin Wu,
Chief Administrative Officer
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506
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REPORT NO.: CLD-10-04
PAGE 2 of 2
BACKGROUND AND COMMENT:
In 2003 the Municipal Law Enforcement Division received a complaint concerning a fence on a
property located on Ovens Road in Newtonville. On inspection staff found that the property
owner, Mr. Savage had constructed a fence in excess of 3.1 metres in height at the section of
his property facing Highway 401. Mr. Savage appeared before Council on February 23, 2004
requesting an exemption to the height restriction in the by-law.
In 2000 the Municipality passed a new comprehensive Fence by-law. At that time, height limits
were established for Commercial, Industrial and Residential lands. Recognizing some specific
needs of the agricultural community for unusually high fencing to contain some breeds of
animals, the by-law was left silent on the issue of fence heights in Agricultural areas.
In reviewing the complaint received about Mr. Savage's fence, it was originally believed that
the property was inside the boundary and therefore zoned residential. Mr. Savage was
advised that the fence exceeded the permitted 2.14 metres for a fence on residential property.
Mr. Savage was instructed to lower the fence to the permitted height.
On subsequent investigation it was discovered that the property is, in fact, immediately outside
the boundary limit for the residential lands and is actually zoned Agricultural. As such, there is
currently no height limit; the fence therefore is legal. Mr. Savage has been made aware of this
fact.
Accordingly, it is recommended that this report be received for information and a copy of it be
forwarded to Mr. Savage.
Interested party to be advised of Council's decision:
Mr. R. Savage
1385 Ovens Road
Newtonville, Ontario
LOA 1 JO