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~COMMUNITY SERhUICES~ COM,MITTEE~AGENDA ;
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SECOND MEETING
Monday, February 23, 2009
4:00 p.m.
City Hall, Committee Room #2A & B
1) Approval of the January 26, 2009 Community Services Minutes.
2) REPORTS: STAFF CONTACT:
a) MW-2009-03
Christmas Holidays 2008
Flooding Complaints and Staff Response Geoff Holman
b) TS-2009-03
Nassau Avenue
Portable Speed Hump Update Karl Dren
c) CD-2009-03
Fence By-law Variance Appeal Dean lorfida
3) NEW BUSINESS:
4) ADJOURNMENT:
A ,
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~ ~ IN;CAMERA SE3SION ~ ~ ~ ~ ;
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a) Resolution to go into Closed Meeting.
Niaga~~~cclls
MINUTES OF COMMUNITY SERVICES COMMITTEE
First Meeting
Monday, January 26, 2009, Committee Room 2, 5:00 P.M.
PRESENT: Councillor Carolynn loannoni, Chair; MayorTed Salci, Councillors: Jim
Diodati, Shirley Fisher, Vince Kerrio, Bart Maves, Wayne Thomson
Janice Wing and Victor Pietrangelo.
STAFF: Ed Dujlovic, Ken Burden, Geoff Holman, Dean lorfida, Ken Beaman,
Jim Jessop, Denyse Morrissey, Alex Herlovitch, Serge Felicetti Karl
Dren, Dave Stuart and Marianne Tikky - Steno.
GUEST: John 5mith - Beaverton Boulevard, Dennis Savriga, Glenn Wellings,
Regional Councillors - Norm Puttick and Bill Smeaton.
PRESS: Corey Larocque, Niagara Falls Review
1. MINUTES
MOVED on the motion of Mayor Salci, seconded by Councillor Maves that the
minutes of the December 15, 2008 meeting be adopted as recorded.
Motion: Carried
Action: Recommendation submitted to Council January 26, 2009.
2. REPORTS
a) PD-2009-08
The City's Growth Management Strategy/
Niagara 2031 - Regional Niagara's Growth
MOVED on the motion of Mayor Salci and seconded by Councillor Thomson that the
Committee endorse:
1. the position that Option D should be revised to recognize that Niagara Falls as
being well positioned to receive significant growth in the short and medium term
due to its location and the recent investments in infrastructure to support future
growth;
2. the Region incorporate northwest area within the urban area to be promoted as
an employment node due to its proximity and exposure to the QEW in order for
the City to satisfy the identified role of the City as a major employer in the region
and to implement the recommendations of the Gateway Economic Zone Study;
-z-
3. staff working in conjunction with the Region to secure incentive programs for the
Cityto furtherdevelop employment lands as part ofthe Gateway Economic Zone;
and
4. staff undertake with the 2009 Planning Work Program the review of the
Residential, Housing and Industrial policies of the Official Plan to implement the
City and Regional growth management studies discussed in this report.
Motion: Carried
Action: Recommendation submitted to Council January 26, 2009.
b) TS-2009-04
Beaver Valley Way and Beaverton Boulevard
All Way Stop Control
MOVED by Councillor Thomson and seconded Mayor Salci that;
1) An all-way stop control be installed at the intersection of Beaver Valley Way and
Beaverton Boulevard; and
2) That staff re-evaluate six months following implementation.
Motion: Carried Unanimously
Action: Recommendation submitted to Council January 26, 2009.
c) TS-2009-12
Ramp Retrofit of Four City Buses
MOVED by Councillor Thomson and seconded by Councillor Pietrangelo that;
1) The supply and installation of four accessibility ramps be awarded to
Mississauga Truck and Bus Collision at an upset limit of $107,424.24
2) That the Mayor and the Clerk be authorized to execute the necessary
agreements.
Motion: Carried
Action: Recommendation submitted to Council January 26, 2009.
3) NEW BUSINESS:
a) MOVED by Councillor Thomson and seconded by Councillor Fisher that staff
report on signage that is blocking decorative lighting in the Fallsview area.
Motion: Carried
Action: Recommendation submitted to Council January 26, 2009.
-3-
b) MOVED by Councillor Thomson and seconded by Councillor Diodati that staff
prepare a report on spectator heating in the City arenas.
Motion: Carried
Action: Recommendation submitted to Council January 26, 2009.
c) MOVED by Councillor Thomson and seconded by Mayor Salci that the sidewalk
on the north side of Mountain Road between January Drive and Dorchester
Road be snow plowed.
Motion: Carried
Action: Recommendation submitted to Council January 26, 2009.
4) ADJOURNMENT:
MOVED by Councillor Maves seconded by Councillor Diodati that the
Committee adjourn to an In-Camera session at 5:36 p.m.
Motion: Carried
February 23, 2009 MW-2009-03
1~1ia~ara~alls
~on
Councillor Carolynn loannoni, Chair
and Members of the Community Services Committee That staff:
Clt of Nia ara Falls, Ontario 1. Implement a Public Education program
Y 9 2. Add supplementary sewer cleaning in problem
areas.
MBfllbBfS: 3. Complete SSET (TV inspections) of the problem
areasi
_ 4. Implement a trial chemical treatment io the
Re: MW-2009-03 problemsareas.
5. Investigate the purchase of additional:flushir
Christmas Holidays 200B equipment and the use of contrators.
Flooding Complaints and 5taff Response That staff prepare a report to Council on:
~ l. A Weeping Tile Disconnection Program.
RECOMMENDAT~ON: 2. A comprehensive Sewer Use By-law
Thatthis report be received for information and furtherthat the Action Plan identified in this
report be adopted.
BACKGROUND:
Overview of Weather Event:
The City of Niagara Falls and most of southern Ontario experienced extreme cold and
significant snowfall (up to 300 mm in some areas) just prior to the Christmas holidays.
Early in the morning on December 24, 2008 the temperature rose causing the light snow
to change to rain. The rainfall intensity increased around noon leaving a total of 15 mm of
mixed precipitation,
On December 26 the temperature stayed freezing and by 8:00 p.m. was 3° C, resulting
in a rapid snow melt. By the next day all remaining snow melted.
Om December 27, 2008, the Niagara Peninsula Conservation Authority released a"Flood
Advisory" warning of localized flooding, due to the unstable weather in the area from
December 23 to December 30. This advisory warned of the potential for flooding, risk to
public safety and possible property damage. Itfurther noted that flooding had already been
reported in low lying areas.
While staff is prepared to handle emergency responses under most weather conditions,
the unstable weather patterns created windy conditions that resulted in damaged trees,
broken watermains due to rapid freeze/thaw cycles, icy road conditions, blocked drainage
outlets and wet weather sewer capacity problems. Staff and the an wering-service
, Working To ether to Serve Our Canunurii ~ Commuaity Services Department
~ ~ ~ Municipal Works
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February 9, 2009 - 2- MW-2009-03
recorded over 273 calls over this time period.
Description of Problems and Problem Areas:
From December 24, 2008 to December 28, 2008 the City received 87 flooding calls for
emergency service that can be categorized as follows:
• Basement Flooding - Sewer Main Blockage 42
• Basement Flooding - Combined Sewer area 24
• Roadway Flooding - Ponding on road surface 10
• Basement Flooding - Private Property issues 4
• Property Flooding - Surface Drainage 4
• Basement Flooding - Sewer Lateral Blockage 3
The flooding occurred due to a combination of snow melt, rain, excessive wet weather
flows in the sewersystem, blocked drains and sewers. This resulted in basement, road and
property flooding.
Due to the high wet weatherflows in the City sewersystem, commencing on December 27,
2008, six of the fourteen Region-owned pumping stations and the Pollution Control Plant
bypassed for various time frames. The Pollution Control Plant bypassed for 40 hours.
Three other pumping stations had high levels with the Low Lift Pumping Station
(Chippawa) experiencing extreme high level. The Low Lift pumping station does not have
a bypass.
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The largest volume of calls came from the Greenboughs, Lalemont, Pheasant Lane
Area. The wet weather flows entering the system largely through weeping tile
connections were further restricted by excessive grease build-up within the sewer
downstream near the intersection of Casey Dr. and Olden Ave. Liquid grease and
February 9, 2009 - 3- MW-2009-03
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cooking oil dumped into the sanitary sewer by residents congeals when it cools and
collects on the side of the pipe walls causing an obstruction and reducing pipe flow
capacity.
Road flooding was experienced in some rural areas and combined sewer areas. Most
of the road flooding in combined sewer areas was attributable to City-installed flow
restrictors in the
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February 9, 2009 - 4- MW-2009-03
Municipal Works staff is continuing their ongoing investigations and has met with or
discussed possible solutions with most of the homeowners who have been affected.
Some residents have requested to be in attendance when this information is being
considered by City Council and have been provided with a copy of this report. The City
has received claims from a number of property owners which are being addressed by
the Risk Management Team and the insurance adjuster.
While staff has responded to the initial problems there were some delays in returning
the backlog of calls. This matter will be addressed as part of the staffing changes
proposed for the new Environmental Services section. In addition we are proposing the
following action plan;
• Prepare an education/awareness brochure for residents in grease problem
areas.
• Add supplementary sewer cleaning in problem sewer areas.
• Complete SSET (TV inspections) analysis of the problem sewer areas.
• Implement a trial chemical treatment in the problem sewer sections.
• Investigate the purchase of additional equipment.
• Fast-track the implementation of the proposed Weeping Tile Disconnection
Program. A separate report will be prepared for Community Services Committee
at a meeting in March 2009.
• Prepare a comprehensive Sewer Use bylaw. A separate report will be prepared
for Community Services Committee in May 2009.
• Complete further investigations of the flooding complaints received and
investigate additional remedial action for the problem sewer areas.
~
Recommended by:
Geoff Hol an, Direc r of Municipal orks
Approved by:
Ed Dujl ic, Exe utive Director of Community Services
S:IREPORTS120091MW-2009-03 Christmas Holidays 2008 Flooding.wpd
February 23,2009 TS-2009-03
Niagara~alls
cn~nu:~
Councillor Carolynn loannoni, Chair
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: TS-2009-03
Nassau Avenue
Portable Speed Hump Update
RECOMMENDATION:
1. That permanent speed humps not be installed on Nassau Avenue;
2. That the Region of Niagara be requested to install an additional trailblazer sign on
Lyons Creek Road to the Chippawa/Willoughby Arena in advance of Nassau
Avenue;
3. That signs indicating "local traffic only" be installed on Nassau Avenue at Sodom
Road and at Lyons Creek Road;
4. That a follow-up traffic review be carried out on Nassau Avenue in the fall of 2009.
BACKGROUND:
In response to concerns regarding cut-through traffic and speeding on Nassau Avenue,
portable speed humps were installed for a trial period during the 2008 summer/fall season.
The portable speed humps were removed late October 2008 due to the winter season and
inclement weather.
x-~~, r' f
" 41 Traffic studies were carried out after speed humps were
installed and the results compared to traffic data collected
prior to the installation. The review consisted of a speed
analysis, traffic count and a review of cut-through
vehicles. Results are as follows:
~ Working Together to Serve Our Community ; Community Services Department
~ , Transportation Services
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February 23, 2009 TS-2009-03
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Before Speed Hump After Speed Hump
Technical Criteria lnstallation Installation
85% speed 42 km/h 40 km/h
24 Hour average volume 450 vehicles 400 vehicles
Cut-throughvehicles 30% 31%
Before and after results do not reveal a significant change in either vehicle speed or cut-
through traffic. The traffic volume was lower in the summer, however; this decrease may
be attributed to the summer season. Traffic volumes in residential areas are generally lower
during the summer as travel patterns are altered with summer vacations. Based on the
technical analysis, there is no evidence to suggest that the speed humps had a significant
impact on traffic operations on Nassau Avenue.
Questionnaires were delivered to all residents on Nassau Avenue to obtain their input as
to the success of the speed humps. Nassau Avenue residents are those that would be
directly affected by the installation of the speed humps and/or supporting signs.
# Questionnaires Supportive of Permanenl Not Supportive of
Street Delivered Responses Speed Hump Installation Speed Hump Installation
Nassau Ave 26 18 (69.2%) 11 (61.1%) 7(38.9%)
Questionnaires were also delivered to all residents on Southerland Court to obtain their
input. Although the speed humps were not installed on Southerland Court, these residents
have to travel via Nassau Avenue as it is the only access to the Southerland Court cul-de-
sac.
# Questionnaires Supportive of Permanent Not Supportive of
Street Delivered Responses Speed Hump Installation Speed Hump Installation
Southerland Ct 28 22 (78.6%) 9(40.9%) 13 (59.1%)
Given that the vehicle speeds and the cut-through traffic have not been significantly
impacted by the portable speed humps, staff is not supportive of installing permanent speed
control devices at this time.
Instead, it is recommended that the existing directional sign to the Chippawa/Willoughby
Arena be augmented with another sign placed in advance of Nassau Avenue on Lyons
Creek Road to discourage motorists from using Nassau Avenue. Furthermore, signs
indicating "local traffic only" will be installed on Nassau Avenue to indicate the local nature
of the street. It is also recommended that these traffic control devices and an traffic review
be carried out in the fall to assess the impact of the signing revisions.
Recommended by: ~/~ic.t~C L~
Karl Dren, Director of Transportation Services
Approved by: ~
Ed Dujlovic, E ec ve Director of Community Services
M.Carrick
SiGeneral Administration\GA 1.01 Reports~2D09 Community Services102 Feb 231TS-2009-03 Nassau Avenue Speed Humps.wpd
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February 23, 2009 CD-2009-03
~Il~i~~Y'~~'dd~IS
~~~,~r
Councillor Carolynn foannoni
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: CD-2009-03
Fence By-law Variance Appeal
RECOMMENDATION:
That the decision of the Chief Building Official, dated December 1, 20D8, be upheld. .
as ~ef
~ht compriSC d~'c~u~mq.
BACKGROUND: ~
The City's Fence By-law (2005-70) delegates the power to grant minor variances to the
Chief Building Official. The by-law does not define what constitutes a minor variance.
Nanetheless, after making a decision on a minor variance request "anyone who has an
interest in the minor variance request may appeal the decision to Council within thirty days
after the decision is given."
On July 30, 2009, the owners at 8449 Niagara Parkway requested such a variance. It was
granted by the Chief Building Official on August 8. (see attached background materials).
The Chief Building OfFicial was aware that the purpose ofthe fence was to provide a barrier
between neighbours who had less than amicable relations. Unfortunately, the
neighbouring property owner (8425 Niagara Parkway) was not provided the notice under
the by-law to appeal the decision to Council. He subsequently complained of the fence
and staff attempted to work out a compromise between the parties. Substantial staff time
was spent and after attempts to execute a compromise were exhausted, a second decision
letter was rendered on December 1, 2008. Mr. Nanveth, the property owner at 8425
Niagara Parkway has appealed the December 1S1 decision.
Usually such fence variance requests are not controversial. None in recent memory have
been appealed to Council.
The December 151 decision letter explains in great details the process, a#tempts at
mediation and the issues at hand. The letter should be read in conjunction with this report.
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February 23, 2009 - 2- CD-2009-03
December 1, Final Decision Letter
The Chief Building Official agreed to grant a variance under the Fence By-law to the
property owners at 8449 Niagara Parkway. The particulars were as follows:
~ The three side yard panels of the fence will begin at 76 inches with a gradual drop
down so that the third panel is 50 inches in height (the remainder of the side
yard panels are in compliance with the by-law).
~ The owners will have until May 15, 2009 to make the changes proposed. The
spring compliance date is in keeping with the practical matter that it is unlikely or
unreasonable to expect works to take place in the winter.
Rationale
~ The proposed changes to the fence will be more aesthetically pleasing.
~ The height of the first two panels will have little effect on 8425 Niagara Parkway.
~ The third panel is only 10 inches greater than the by-law and minor in nature.
~ The owner at 8425 will be able to maintain his view from his porch.
Appeal
Mr. Narweth's arguments in his appeal are, generally, as follows:
~ Two 8(eight) foot sections of fence in a designated Front Yard Space along a
shared lot line are built 75" and 78" in height. He feels this is greatly in excess of
the By-Law's restricted height of 40 inches and is more than minor in nature.
~ The fence is inconsistent with the character of the neighbourhood.
There are three panels that are in excess of the by-law. The proposed height of the panels
will be approximately 68 inches, 59 inches and 50 inches. The complainant, initially, had
no issue with the first two panels. It was only the third panel that he wanted reduced in
compliance with the 40 inches stipulated in by-law. In light of the decision letter, he is now
opposing all the panels, despite the fact that he has a large bush on his property that
blocks his view, south, of the first two panels. (The issue of right to a view is canvassed
more thoroughly in the decision letter).
An argument can be made that the variance of the first two panels is not minor in nature;
however, the proposed heights will provide a gradual drop down of the fence of
approximately 9 inches per panel, which should be aesthetically pleasing.
With regard to the change to the character of the neighbourhood, there is a surprising
absence of front yard fences along the Niagara Parkway. Nonetheless, all the properties
have substantial lot depth in the front yard. The properties in question have approximately
50 feet in depth but there's also a service road and substantial Niagara Parks property.
As a result, even the existing fence, as currently constructed, does not appear obtrusive
given the substantial property. In addition, the Niagara Parks Commission has indicated
no concern with the fence.
February 23, 2009 - 3- CD-2009-03
CONCLUSION:
The Chief Building Official has the authority to grant a variance to the fence by-law.
Looking at the entirety of the facts surrounding the file, there is rationale to support the
December 15` decision by the Chief Building Official. The proposed fence will be
aesthetically pleasing and it is the opinion of staff that it will not be detrimental to the
character of the neighbourhood.
Recommended by: ~
Dea I ida, City erk
Approved by: ~~~~f~~~e~~
K. E. Burden, Executive Director of Corporate Services
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Augost 8, 2008
John and Lorraine Ruscitti
8449 Niagara River Parkway
Niagara Falls, ON L2E 6SG
Dear John & Lorraine:
Re: Request for Minor Variance to the City Fence By-law
I have received your request for a variance to the City Fence By-]aw and have also conducted a site
visit at the above noted premises.
My findings are as follows:
a) Your request meets the purpose and general intent of the by-law as site lines are not disturbed
and the safety of the neighbouring property is not compromised.
b) I consider the variance rninor in nature.
Your request for the variance is hereby granted. If you have any further yuestions, please contact
my office.
Sincere y,
. ~'~lJ
John a rilli
r of'Building & Bylaw Services
Ext. 4257
JC/Ik
S~.UA~SVrcn I'iluJdingan Rircr Pmkway1Ad69 Niagnra Riv<r Pkwy.wp~ ~
~ Wnrking Together ta Serve Our Community
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Jul.;i. 2UD"c 8,59A~1 £NVfRONMENTAL Itle, 8844 P, p
J & L Ruscitti
8449 NisgaraT'arkway
Niagaro Falls, ON T.2E 6S6
Julv 30, 2008
Mr. John Cristielli
Director of Building & Bylaw Services
City of Niagara Falls
4310 Queen Street
Niagaza Pa11s, ON L2E 6X5
bear Sir:
Fence By-law Variance
8449 Niagara Park~vay
Niagara Falls, ON LZE 6S6
Please accept this letter as our request for a fence by-la.w vazianc~, We are enclosing a
Sketch For your information, 'We are requesting thaz the proposed fence be 6 feet high for
an additionai 23 feet toward the road~,vay (Service Road 36). (We undersfand according
to the by-law that the fence should drop clov?n to 40 inches from the comer of our house
out to the roadway,) We t~~ould then drop the height uf the fence to 4U inches for the xest .
of the. le.ngYh oP our property being 43 feet. This means tl~at there ~uould be 43 feet of
fenc~. at a height oF 4Q inches as noted in the by-laa~. Tfiare ~vould be no obstruction
from our driveway or the naigh6our's driveway to vierv Yhe road. We are requesting this
additional 23 feet at. a height of 6 feet in order to block our view of our neigh6our since
we have had many pro6lems with him.
We ativait your detision and if you have sny questions, please contact us.
Sincerely,
0~~~.Q~,i,c ~ ,~'u~j~(• .
7ohn and Lorraine Ruscitti
Jui.3t 2608 6:59AM EfJVIRONMENiAL No.B694 P. 1
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~ J's,C1l ~
• ~ ~ ~ . PUSLIC WORKS
' Water 8~ VVastewater Services
350'I Schmon Parkway, P.0. Box 1042
Thorold ON L2V 4T7
. Te1:905•685•1571 Tll':805-984-3613
Toll-free; 1-800-2&3-7215
Far:965-685-5205
www_regional. niagara. on. ca
Mr. John Cristelli
birectot of Building & By-law Services
Mr. Cristclli;
Please see attached letter ar~d sketch as discussed. We are appl,ying for a fence by-law
variance, Once you have had a chance to review this request, would you I;i.ndly adVise
as to how long it would Ya~:e for appioval. We have stazted construction on the fence hut
have not proceeded in the front yard unt~1 we hear from you.
We truly thank you for your time and effort and look forward to hearing from you.
Sincere.ly,
~ .
Lorraine Rnscitti
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~~a~ara~alls
CANhlld
August S, 2008
7ohn azid Lorraine Ruscitti
8449 Niagara R'rver Parkway
Niagara Falls, ON L2E 656
Dear John & Lorraine:
Re: Request for ]1~inor Variance to the City Rence By-law
I have received your requesf for a variance to the City Fence By-law and have also conducted a site
visit at the above noted premises.
My findings are as follows:
a) Your request meets the purpose and general intent of the by-law as site ]ines are not disturbed
and the safety of the neighbouring properry is not compromised.
b) I consider the variance mnior in nature.
Your request for the va~iance is hereby granted. Tf you have a~iy further quesfions, please contact
my office.
Sincer y,
~lJ
John . .lli
i r ofBuilding & Bylaw Services
Ext. 4257
JC/lk
,
S:V.a-Si~ee~F:I~tNiagera.'L'verPVkw¢~8449Niagae ' ._•wpg '
+r
{Yorking Together to Serve Our Commundty
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November 11, 2008
HAND DELIVERED
John & Lorraine Ruscitti
8449 Niagara River Parkway
Niagara Falls, ON L2E 6S6
Dear John & Lorraine, Re:Minor Variance to the City's Fence By-law
On August 8, 2008 you were granted a variance to the City's Fence By-law. You were allowed
to construct three sections of a closed 6oard fence beyond the front face of your home at a height
greater than 40 inches, the standard height for a fence from the face of a dwelling to the property
line.
Although the variance requested and granted was reasonable, there was no obligation to notify
any land owner sharing lhe Pence prior to the variance request. The neighbouring property owner
has subsequently expressed concerns regarding the height of the variance and loss of a sight line.
Staff have met with the neighbour and a compromise/adjustment was suggested.
Staff proposes that the third section (i.e., [he section farthest from the house) be reduced to 40
inches in compliance with the by-law. You are still receiving the variance on two scctions of
your fence, your privacy would not be compromised by. a great deal and the neighbour has some
of their sight lines restored.
The above compromise has been conveyed to your verbally and you indicated that you required
some time to think it over. Accordingly, ] am writing to you to request your decision in writing
by Monday, November 17, 2008 and hope that you are agreeable to the adjustment as requested.
It is our desire to resolve this matter without having to go for a formal appeal to the Councii of
the City of Niagara Palls. If the matter goes to Council, there is no guarantee that the variance
you requested will not be reversed. Also, the compromise goes a long way toward reso]ving
what is, in essence a disputc between neighbours.
As stated in our discussion, I would be willing to write to all homeowners fronYing on your
service road witl~ details of the compromise a~reement.
Please do not hesitate to contact me if you require any further information or assistance.
Sincerely
John Castrilli
Director of Building & By-law Services
~xt. 4257
JC/]k
ec: Dean iorfida, City Clerk
. .
1~liagar~~alls
CANADA
December 1, 2008
Mr. & Mrs. John Ruscittl
8449 Niagara Parkway
Niagara Falls ON L2E 656
Mr. Terry Narweth
8425 Niagara Parkway
Niagara Falls ON L2E 6S6
Dear Neighbouis:
Re: Fence By-taw Varisnce
Fence By-law
By-law 2005-70, as amended, is the by-law prescribing height and description of lawful fence;s in
the City of Niagaca Falls. The by-law allows a maximum height of 1 metre or 40 inches in the frout
yard (see attached schematic). Section 2 of the by-law allows the Chief Buitding Official the right
to grant minor variances to the by-law.
Original Variance Request
On July 30'~, the owners a4 8449 Niagara Parkway requested such a variance. It was granted by the
Chief Building Official on August 8`n (see attached chronology}. The Chief Building Official was
aware that the purpose of tha fence was to provide a barrier between neighbours who had Iess than
amicabte relations. Unfortunately, the neighbouring property owner (8425 Niagara Parkway) was
not provided the notice under the by-iaw to appeal the decision to Council.
Usually such fence variance requests are not controversial. The;wrdters are unaware of any in recent
memory that were appealed to Council; therefore, there is.not;~nough past precedence to indicate
whether an objection of a neighbouring proparty owner, alone, is enough to void or overturn a
variance granted by the Chief Btiilding Official
Also, arguably the height of the "new" front yard fence tnay not have been minor as the pa~~els are
approximately 76 inches in height. As a result, the property owner at 8425 Niagara Parkway
complained of the fence height.
- Corporate Services Department
Clerks
Ext 4271 Fex 905-356-9Q83
I dloAidaQnla9arafalls.ca
i
Y:i~...
9ilN•.•:
~ 0 ~ 0 i 1 ~ ~ 0 1 ~
. 2
Attempt at Mediation
Although not in the habit of inediating neighbour disputes, staff fe1C, it was prudent to attempt to
negotiate an amicable solution between the two property owners. An appeal fo Council should be
a last resort. Having neighbours air their dirty laundry, so to spea[c, is not very pleasant for Council,
staff and the parties involve~l.
Interestingly, Che writers, individually, each know one of the parties involved. Both parties are
decent people and, therefore, it was quite su~prising to heac the animosity and allegations bet~veen
them. Staff was left not knowing who to betieve. It is disappointing that these decent, hard-working
people cannot get along. Nonetheless, the granting of a fence variance has to be based on facts nnd
nof any personal relationships.
Concern ot Property Owner 8425 Niagara Parkw~ay
The gist of the concerns of the property owner at 8425 was the height of the three front yard fence
panels and the loss of a view to the south. The property owner was reasonable in that lie had no
issues with the heighf of the iwo paneis closest to the houses, as a bush an his properiy is in 1'tne with
the panels and approximalely the sazne height. He requested that the third pane] be reduced to the
40-inch height as stipulated in the by-law.
Positim~ of the Property Owners at 8449 Niagara Parkway
The property owners at 8449 Niagara Parkway indicated that tkcey were not satisfied with the
appearance of ttaeir fence and were looking to make it more aesthetically appealing. The owners'
intent is to modify the three front yard panels so that there is a gradual drog down from panel to
panel. As a result, they are proposin~ that the t}urd panel be approximately 50 inches. Also, they
are requesting that they be allowed to make the changes in the spring when the weather improves.
Chief Building Official's Final Decision
The ChiefBuilding Official agrees to granta variance under the Fence By-law fo the property owners
at 8449 Niagara Parkway. The particulars are as follows:
~ The three side yazd panels of the fence will begin at 76 inches with a gradual drop down so
that the third panel is 50 inches in height {the remainders of the side yard paziels are in
compliance with the by-law),
~ The owners will have until May 15, 2009 to make the changes outlined above.
Rationale
The proposed changes to the fence will be more aesthetically pleasing. The height of the first two
panels will have little effect on 8425 Niagara Parkway. The third panel is only 10 inches greater than
the by-law and minoz~ in ~ature. The owner at 8425 will be able to raaintain his view from his porch.
~ 3
The spring compliance date is in keeping with the practical mattez that it is unlikely or unreasonablc
to espect works to take place in fhe winter. The date is aiso in [ceeping widi the Ci ty's by•law related
to the Line Fences Act that sees no activity on fence matters duxing the winter months.
Comment oo the View
Common law tradition states that a property owner has no right to a view. In this situation, the
modified height of the third panel should enable the owner at 8425 Niagaza Parkway to continue to
have a view south from his concrete stoop in front of his property. It should be noted that without
a fence the owners could legally impede his view by merely parking vehicles in the driveway.
Appeal
Based on the above noted decision, the variance does not take effect far ihirty days from the date it
is given and that any person who has an interest in the minor varia~ce may appeai the decision
to Council within thirty days (Dec. 31, 2008) after tke decision is given. The appeal must be in
writing and can be directed to the City Clerk.
Conclusion
Tliis was a very trying matter for all parties involved. Staf'f spent an inordinate amount of time
attempting to facilitate a compromise. The final decision is a reasonable compromise and a minor
variance under the by-law. We hope the neighbours will coexist amicably as they are decent people.
Sincerely,
J hn Cas i i Dean Ior a
ief B' ding Official Ciry Cle
a Councillor Shirley Fisher
Ed Dujlovic, Executive Director of Community Services
Working Together to Serve Our Community
I
CITY OFNIAGARA~~i ~
sy-LaW No.zoos-~o
FENCE BY-LAW
A by-law to prescribe the height and description of lawful fences.
WHEREAS section i l of the ~unicipal Ac1, 2001, 5.0, 2001, c. 25 authotizes a municipaliry to pass
by-laws respecting fences.
WHEREAS this by-law consolidates vatious amendments to the Fence by-law for ease of use.
THE COUNCIL OF THE CORPORATION OFTHE CITYOF NIACARA FALLS ENACTS AS
FOLLOWS:
Definitions
1. In this by-law:
(a) "Chief Building Official" means #he Chief Building Official appointed by the
Corporation of the City of Niagaza Falls;
(b) "City" means The Corporation of the City of Niagua Palls;
(c) "comer lot" means a lot or parcel which is situated at the intexsection of and a6uriing
upon two or more streets or parts of ihe same street provided that the angle contained by
two of such lots' or parcels' adjacent lot lines that aUut the street or streets is not more
than 135 degrees;
{d) "Couneil° means the Council of The Corporafion of the City of Niagaza Falls;
(e) "fronT lot line" means, in the case of an interior lot, the line dividing the lot ar parcel
&om the sheet; where the lot or parcet is a comer lot, the shorter lot line abutting a street
shat3 be deemed to be the front lot line and the ]onger lot line abutting a street shall be
deemed to be an exterior side lot line, provided that, where a corner iot has the same
dimensions on the two sVeets upon which it abats, the lot line abutting the street upon
wtilch the building or structwe erected or to be erected has its principal entrance shail6e
deemed to be the front lot line; where the tot or parcel is a through lot, the lot line where
the principal access to the lot or parcel is provided shall be deemed to be the &ant lot
line;
"front yard" means a yard extending across the full width of any 1ot or parcel between the
front lot 1'sne and the nearest wall of any building or structure on the lot or parcel;
(g) "grade level of roadway" means the grade level of the centre nf the traveled portion of
any roadway;
. __r...__.__.._~.-_..__._._.Y.-~
~2-
(h) "ht~hway" mcludes a common and pubHc lvghway, sheet, avenue, lane, parkway,
driveway, square, place, bndge, vtaduct or trestle, any part of which is mtended for or
used by the general public for the passage of vehicles and mcludes the area between the
lateral property lines thereof,
(i) "mterior ]oY' means a lot or parcel other than a corner lot,
Q) 'SnTersechon° means the area embraced wiUtm the prolongatzon or connect~on of the
lateral boundary 11nes of the roadway of iwo or more h~ghways which ~oin one ai~other
at an angte, whether or not one h~ghway crosses the other;
(k) "lawfu] fence", means any fence, wall (other tha~~ a wall of a bmldmg), hedge or gate
whtch separates or d~vides anyparcel of land or part thereof from any other parcel ofland
or part thereo£, immediately ad~acent thereto, wluch ~s erected and mamtamed m
accordance with the prov~sions of this By-law,
(I) "lot Lne" means any boundary of a]ot or parcel,
(m) "mumcipal~ty"meanslhegeographicalareamrespectofwhichtheQtyhas~ur~sd~etion,
(n) "rear lot lme" means the lot lme farthest from and opposite to the front lot Ime,
{o) "rear yard" means a yard extendmg tl~e full width of any lot or parce] from the rear lot
Ime to the wal] of any buildmg or structure nearest to the front lot lme,
(p) "s~de lot Ime" means a]ot llne other than a front lot lme or a rear lot hne,
(q) °snow fence" shall mean a l~ghl fence of lath and wire, and
(r) "through IoY' meaas an mterior lot that abuts more than one street
Delegated Pawers
2 (1) The Chief Buildmg Official ~s hereby delegated the power to grant mma~ vanances to
this By-law sub~ect to tha follvwmg cnteria.
(i) the general purpose and mtenl of this By-law are mamtained, and
I
(ii) the vanance ~s mmor m namre ;
~
(2) The decision of the Chxef Bu~ldmg Official shall be m writmg, seumg out reaGOns ~
therefor, and sent to the requester of the mmor variance and to every owner of land who
shares the fence with the requester
{3) 'the dec~sion shall state that tt does not take effect for thirty days &om the datc it is g~~~en ~
and that any person wha has an mterest m the mmor vanance may appeal the decisaon i
I
~
-3-
to Council within ihirty days after the decision is given, which appeal must be in writing.
LawfulRence
3. No person shall erect, or caused to be erected, or maintain or cause io be mainYained, any fence
within the municipality unless such fence is a lawful fence.
Damaged Fences
4. No fence shall be maintained, or caused to be maintAined, in a damaged or disrepaired state of
condition by reason of fire, decay or othenvise and ali fences shall be constructed or caused to
be construcced in a sound manner and shall be straight and true.
Fersce Hei~Lt
5. No fenee of a height greater than 75 centimetres above the grade leve] of any adjaceni highway
shall be erected or mainYained, or caused to be erected or maintained, within 9 metres of any
highway intetsection.
Front Yard
6, (1) Subject to section 5 of this By-law, no fence of a height greater than 1 metre above the
adjoining ground level, shall be erected or mainiained, or caused to be erected or
maintained, in any front yard, provided, however, that the pottion of any such fence
erected or maintained along the side or rear lot iine of the reaz yard of any adjoining
property may be o£ a height not greater than 2,5 metres.
(2) Where a fence zs erected on a terrace in a front yard, the height of such fence shall be
calculated as the combined height ofthe fence and theterrace above the adjoining ground
level.
Rear Y~rd
7. Subject to section 5 of this $y-law, no fence of a height greater than 2.5 metres above the
adjoining ground level, shall be erected or maintained, or caused to be erected or maintained,
in any rear yazd, provided, however, that the portion of any such fence erected or maintained
along the side lot line of the fxont yard of any adjoining lot shall not be of a height greater than
1 metre unless such fence is erected or maintained in the reaz yazd of a comer lot along the side
lot line of the front yard of an adjoining property, in which case the fence may be erected or
raaintained to a height not greater than 2,5 metxes.
Commercial, Agr[cultural or Induatrial
8. Subject to section 5, a fence not exceeding 2.75 meues in height above the adjoining ground
levei shall be permitted around fhe perimeter of any parcel of land used for commercial,
agricultural or industrial purposes where~rer such parcel does not abut a residential use.
-d-
Barbed Wire- VeLicle Tires
9. (1) Nofencecomposedwhollyorpartlyofbazbedwire,otherbarbedmaterialorvehiclelires
shall be erected or maintained, or caused to be erected or mainYained, within the
municipality, provided, however, tliat bazbed wire or other bazbed material may be
permitted along the top of any fence ofa height greater than 2 metres enclosing land used
for commercial or industrial purposes, wherever such land does not abut land used For
residential purposes, and the manner of affixing such bazbed w'ue or other bazbed
material is approved by the Chief Building Official.
(2) This secGan shall not apply to bazbed wire fences erected in agcicultural areas for the
purpose of confining livestack.
Snow Fence
10. No snow fence shall be erected or maintained, or caused to be erected or maintained, for aperiod
exceeding six (6) consecuHve momths in any year within the municipaliry on land being used for
residential or commercial purposes.
Aloug Highweys
11. All fences erected along a highway or any part thereof shatl be maintained and kept in a proper
state of repair and condiuen in accordance with the provisions of this By-law.
City-Boards-Coromission Eences
12. The provisions of this By-law shall not apply to any fence ox other barrier wholiy or partially
enclosing lattds owned and in use 6y the City or any Boazds, Commissions or companies
providing telephone, electric, water or gas service W thc inhabitants of the municipality.
Enforcement
13. Every person who contravenes any provision of this Bylew, and every director or officer of a
corporation who concurs in such contravention by the corporation, is guilty of an offence and
upon conviciion is liableto a fine as provided for under the provisions ofthe ProvincialOffences
Acr.
By-laws Repealed
14. By-law Nos. 77-~5, 83-239, 91-1 l, 94-269 and 2004-042 are hereby repealed.
Short Title
15. The short title of this by-law is the Fence 8y-law,
T_.._
-5-
Passed this second day o4 May, 2405.
....,.....:yLil!v`. ...................I,,,,.,, l`~`~"~"'..........,..........,.,
DEAN IORFIH'A, CI"PY CLERK R.T, (TED) SALCI, MAYOR
First Resding: May 2nd , 2005.
Second Reading: May 2nd , 2005.
Third Reading: May 2od , 2005.
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December 30, 2008
City ofNiagara Falls
CiTy Clerk, Dean Iorfida
Notice of AapeaL• Non-Compliant Fence at 8449 Niaeara Pkwv
Please accept this letter as written notice of appeal with respect to a variance application
for a fence at 8449 Niagara Pkwy, Niagara Falls, ON.
The fence was built contrary to the City's Fence By-law, # 2005-70, in August 2008 and
a notice of application for a variance was delivered to my home December 1, 2008.
My concem is for iwo 8 ft. sections oP fence in a desif;nated Front Yard Space along a
shared lot line. They are built 75" and 78" in height. This is greatly in excess of the By-
Law restricted height of 40in. and is more than minor in nature.
The Chief Building Official has attempted to mediate a reduction of half the 16ft. ( 8ft.)
of fence to the 40 in. max. height (See: letter to Ruscitti dated Nov.11, 2008)
The results aze that the owner is prepared to only reduce only 6' ft. of the fence to
50" 1
I with the support of neighbours am reques6ng that the 16ft. of non-compliant fence be
reduced to the 1 metre or 40 in. height as defined by the City's By-Law. ( see: Fence sketch)
Rationale for this reuuest:
- The fence has more than a minar negative impact on the chazacter of the area.
Neighbours have voiced their displeasure of this imposing structure that does not fit
the cha[actei of the area. (See: letter Resideatial ['ence Oct 10/OS from neighbours and photos)
It is an imposing structure that affects the view of all in the neighbourhood.
-The fence is inconsistent with the general intent and purpose of the By-Law.
Privacy fences are not allowed in designated "Front Yazd" space per the City's Fence
By-Law. Hence the height restriction of 40in. ( t metre)
- After some City Staff mediation, the owner, at 8449 Niagara Pkwy is prepared to reduce
only 6 ft. of the 16 ft. non-compliant fencing to heig f 5 m, 1 in.
Sincerely, ~„1~~
Terry Nazweth
8425 Niagara Pazkway i
Niagara Falls, ON
L2E-6S6
. ~
November ll, 2008
HAND DELIVERED
John & Lorraine Ruscitti
8449 Niagara River Parkway
Niagara Palls, ON L2~ 6S6
Deaz John & Lorraine: Re:Minor Variance to the Cit,V's Fence By-law
On August 8, 2008 you were granted a variance to the City's Fence By-law. You were allowed
to construct three sections of a closed board fence beyond the front face oP your home at a heigl~t
greater than 40 inches, the standard height for a fence from the face of a dwelling to the property
line.
Although the variance requested and granted was reasonable, there was no obligation to notify
any land owner sharing the fence prior to the variance request. The neighbouring property owner
has subsequently expressed concerns regarding the heigl~t of the variance and loss of a sight line.
Staff l~ave met with the neighbour and a compromise/adjustment was suggested.
Staff proposes thaY the third section (i.e, the section farthest from the house) be reduced to 40
inches in compliance with the by-law. You are still receiving the variance on two sections of
your fence, your privacy would not be compromised by a great deal and the neighbour has some
of their sight lines restored.
The above compromise has been conveyed to your verbally and you indicated that you required
some time to think it over. Accordingly, I am writing to you to request your decision in writing
by Monday, November 17, 2008 and hope that you are agreeable to the adjustment as requested.
It is our desire to resolve this matter without having to go for a formal appeal to the Council of
Yhe City of Niagaza Palls. If the matter goes to Council, there is no guarantee that the variance
you requested will not be reversed. Also, the compromise goes a long way toward resolving
what is, in essence a dispute between neighbours.
As stated in our discussion, I would be willing to write to all homeowners fronting on your
service road with details of the compromise agreement.
Please do not hesitate to contact me if you require any further informaCion or assistance.
Sincerely
John Castrilli
Director of Building & By-law Services
Ext. 4257
JGIk
ce: Dean Iorfida, City Clerk
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~ October 10, 2008
CiTy Of Niagara Falls
City Hall / By-Law Dept
Re: Residential Fences
We are writing to bring attention to a new fence constructed at 8449 Niagara Pazkway.
Our opinion is that the "front yard" portion of this fence does not fit well with the
neighbourhood. This style of fence, projecting into the front yard space, has a strong and
negatively imposing look that affects the enjoyment of our homes.
Furthermore, it is ow understanding that a portion of the fence does not comply with the
City fence by-law.
We trust our concerns will receive your prompt and thorough attention and expect to hear
from the appropriate city personnel regazding next steps.
,
~
Terry Nanveth ~ ~ ~ ~
8425 Niagara Pkwy "'~i~' ~
905-295-2618 ~
%~~r, % r~ ~~~j
:
John & Chazlene Eldridge , „
8373NiagazaPkwy I :
905-295-4669 ~ / r; ~
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Tom Astorino I ` ~ r -
8385 Niagaza Pkwy
905-295-2678 `
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Dan & Fleur Morgan ~
8511 Niagara Pkwy
905-295-8226 I;~r
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Nia ara
Par~s
nnegencyo(~EeGovemmmoofOnu:ioeinm1A85 ~ ~ . ~ ' ' ~
. . . . Engineering
~ ~ ' ~ Pave Gillis
- , , Phona: 90 513 5 6-2 241, ext. 260
~ Fax: 9651356-7262
E-Mail: npceny~niagaraparks.com
February 9, 2009
Mr. John Castrilli
Director of Building and By-Law Services
Community Services Department
The City of Niagara Falls
P.U. Box 1023
Niagara Falls, ON l2E 6X5
Dear Sir:
RE: FENCE BY LAW VARIANCE
8449 AND 8425 NIAGARA RIVER PARKWAY
The Niagara Parks Commission has been asked Yo comment on the City of Niagara Falls
Chi~f Building Official`s decision with respect to fencing between two neighbours along the
Niagara River Parkway. We do nof narmally commBiit on fencing issues unless it interferes
with vehicular traffic sightlines. Having reviewed the Chief Building pfficiaPs letfer dated
December 1, 2008, I as Planning and Pr~perties Manager for th~ Niagara Parks
Commission agree that Mc Castrilli's decision is a fair ane and that The Niagara Parks
Commission has no abjecYion to this variance proposal.
Yours truly,
~
Dave illis, MCIP, RPP
/cr Manager - Planning & Properties
Jrrn Widdra»ts THE NIAGARA PARTrS C~111MTSSTON John Kernahan
Chatfn~an P.O. Box 150, Niagaza Falls, Ontario, Canada L2S 6T2 General Manager
Web Site: wKRV.niaearanazks.com
The City of Niagara Falls, Ontario
I2esolution
No.
Moved by
Seconded by
WHEREAS all meetings of Council are to be open to the public; and
WHEI2EAS the only time a meeting ar part of a meeting may be dosed to the public if the subject
matter falls under one of the exceptions under s. 239(2) of the Municipal Act, 2001.
THE1tEFORE BE IT RESOLVED THAT on February 23, 2009 Niagara Falls Council will go
into a closed meeting to consider a matter that falls under the subject matter of 239(2)(c) of the
Municipal Act, 2001, a proposed or pending acquisition ox disposiYion of land.
AND The Seal of the Corporation be hereto affixed.
DEAN IORFIDA R. T. (TED) SALCI
CITY CLERK MAYOR