Item - 2019.NY3.31

Tracking Status

This item was considered by North York Community Council on February 14, 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.

NY3.31 - Request for Fence Exemption - Side yard - 10 Old York Mills Road

Decision Type:: ACTION

Status:: Amended

Schedule Type:: Delegated

Ward:: 15 - Don Valley West

Public Notice Given

Community Council Decision

North York Community Council:

1. Granted the application for the side-yard fence which exceeds 2 metres in height, for the property at 10 Old York Mills Road, without conditions.

2. Directed and requires that the installation be maintained in good repair without alteration.

3. Directed and requires that at such time as replacement of the fence is required that such installation will comply with Municipal Code Chapter 447, or its successor by-law.

Origin

(December 27, 2018) Report from the District Manager, Municipal Licensing & 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 10 Old York Mills Road 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 be exempt from Chapter 447–1.2.B – Restrictions on Fences – Height, contrary to Section 447-1.2.B of the bylaw.

The subject property 10 Old York Mills Road is located in Ward 15, on a residentially zoned property. It is an 8-storey condominium building adjacent to a gas station, and is in between Old York Mills Road and York Mills Road.

GENERAL LOCATION

SPECIFIC LOCATION

EXISTING CONSTRUCTION & DEFICIENCY

BY-LAW SECTION & REQUIREMENT

Side yard

Fence along existing concrete retaining wall to the north of the property, abutting York Mills Road. The total length of the fence would be approximately 72 metres.

Iron fence 0.90 metres high on top of concrete retaining wall, total height of existing wall and fence from grade at sidewalk level is 1.34 metres.

Section 447-1.2.B of Toronto Municipal Code. Fence not in a front yard and within 2.4 metres of a lot-line abutting a public highway. 2.0 metres is the maximum allowable under the bylaw.

Background Information

(December 27, 2018) Report and Appendices 1-3 from the District Manager, Municipal Licensing & Standards, North York District on a Request for Fence Exemption on the Side yard at 10 Old York Mills Road
https://www.toronto.ca/legdocs/mmis/2019/ny/bgrd/backgroundfile-124053.pdf

Speakers

James Booth

Motions

Motion to Amend Item moved by Councillor Jaye Robinson (Carried)

That North York Community Council:

1. Grant the application for the side-yard fence which exceeds 2 metres in height, for the property at 10 Old York Mills Road, without conditions.

2. Direct and require that the installation be maintained in good repair without alteration.

3. Direct and require that at such time as replacement of the fence is required that such installation will comply with Municipal Code Chapter 447, or its successor by-law.