Item - 2019.NY10.17

Tracking Status

This item was considered by North York Community Council on November 5, 2019 and was adopted with amendments. City Council has delegated authority for this matter to the North York Community Council and therefore, the decision is final.

NY10.17 - Request for Fence Exemption - Rear yard - 31 Rykert Crescent

Decision Type:: ACTION

Status:: Amended

Schedule Type:: Delegated

Ward:: 15 - Don Valley West

Public Notice Given

Community Council Decision

North York Community Council:

1. Refused to grant the application for an exemption permit by the owner(s) of 31 Rykert Crescent for failing to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences, namely the fence is to be made of open mesh chain-link fence or equivalent open-fence construction for at least 2.4 metres to the east side of the driveway and for 2.4 metres to west of the driveway and along the west lot line.

Origin

(June 2, 2019) Report from the District Manager, Municipal Licensing and Standards, North York District

Summary

This staff report is in regards to a matter for which the North York Community Council has delegated authority from City Council to make a final decision.

The purpose of this report is to consider an application submitted by the owner(s) of 31 Rykert Crescent for a site-specific Fence Exemption, pursuant to the Toronto Municipal Code, Chapter 447- Fences. The property owner(s) is seeking Council's permission to retain an existing solid wood fence and gates which are within 2.4 metres of a driveway, and be exempt from Chapter 447-1.2.C – Open fence construction required.

The subject property 31 Rykert Crescent is located in Ward 15, on a residentially zoned property.

GENERAL LOCATION

SPECIFIC LOCATION

EXISTING

CONSTRUCTION & DEFICIENCY

BY-LAW SECTION & REQUIREMENT

Rear Yard

Fence and gates along north and west side of property.

Solid wood fence including gates across driveway, located within 2.4 metres of a driveway is not open-mesh chain link or similar open fence construction.

Chapter 447-1.2.C – Open fence construction required.

Background Information

(June 2, 2019) Report and Appendices 1-4 from the District Manager, Municipal Licensing and Standards, North York District on a Request for Fence Exemption - Rear yard at 31 Rykert Crescent
https://www.toronto.ca/legdocs/mmis/2019/ny/bgrd/backgroundfile-138810.pdf

Communications

(April 29, 2019) E-mail from Rick and Janice Price (NY.Main.NY10.17.1)
(May 20, 2019) E-mail from Rick and Janice Price (NY.Main.NY10.17.2)
(June 18, 2019) E-mail from Jessica Howe (NY.Main.NY10.17.3)
(September 16, 2019) E-mail from Maria Abwunza (NY.Main.NY10.17.4)
(October 9, 2019) E-mail from Robert Stabile and Maria Abwunza (NY.Main.NY10.17.5)
(November 1, 2019) E-mail from Rick and Janice Price (NY.New.NY10.17.6)
(November 4, 2019) E-mail from Maria Abwunza (NY.New.NY10.17.7)

Motions

Motion to Amend Item moved by Councillor Shelley Carroll (Carried)

That North York Community Council:

1. Refuse to grant the application for an exemption permit by the owner(s) of 31 Rykert Crescent for failing to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences, namely the fence is to be made of open mesh chain-link fence or equivalent open-fence construction for at least 2.4 metres to the east side of the driveway and for 2.4 metres to west of the driveway and along the west lot line.