Item - 2019.NY11.29
Tracking Status
- This item was considered by North York Community Council on December 3, 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.
NY11.29 - Request for Fence Exemption - 52 Misty 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 52 Misty Crescent for failing to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences, which fence is to be made of open mesh chain-link fence or equivalent open-fence construction for at least 2.4 metres of a driveway and is above the permitted height of 1.2 metres in a front yard.
Origin
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 52 Misty Crescent Fence Exemption, pursuant to the Toronto Municipal Code, Chapter 447- Fences. The property owner has submitted an application to erect a masonry fence with glass decorative elements and gates which will be within 2.4 metres of a driveway, and above the permitted height required.
The subject property 52 Misty Crescent is located in Ward 15, on a residentially zoned property.
|
GENERAL LOCATION |
SPECIFIC LOCATION |
EXISTING CONSTRUCTION & DEFICIENCY |
BY-LAW SECTION & REQUIREMENT |
|
Front Yard
|
Fence and gates along east side of property.
|
Masonry fence with glass decorative elements 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- Section. 1.2. C (1) – Open fence construction required. |
|
Front Yard
|
Fence and gates along east side of property.
|
Height of the proposed fence in front yard 3.0 metres exceeds permitted height of 1.2 metres |
Chapter 447- Section 2.C.(1) Maximum height of fence 1.2 metres in front yard. |
Background Information
https://www.toronto.ca/legdocs/mmis/2019/ny/bgrd/backgroundfile-139990.pdf
Communications
(November 26, 2019) E-mail from Elisa and Gilbert Palter (NY.New.NY11.29.2)
(November 26, 2019) E-mail from Aubrey E. Kauffman (NY.New.NY11.29.3)
(November 26, 2019) E-mail from Ron and Sandra Chiovitti (NY.New.NY11.29.4)
(November 26, 2019) E-mail from Sylvia Kestenberg (NY.New.NY11.29.5)
(November 29, 2019) E-mail from Steven and Rodeen Stein (NY.New.NY11.29.6)
Speakers
Motions
That North York Community Council:
1. Refuse to grant the application for an exemption permit by the owner(s) of 52 Misty Crescent for failing to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences, which fence is to be made of open mesh chain-link fence or equivalent open-fence construction for at least 2.4 metres of a driveway and is above the permitted height of 1.2 metres in a front yard.