Item - 2019.NY4.19

Tracking Status

This item was considered by North York Community Council on March 19, 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.

NY4.19 - Application for Fence Exemption - 8 Forest Heights Boulevard

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 the application for an exemption submitted by the property owners of 8 Forest Heights Boulevard to maintain a front yard board-on-board fence on the north west corner of the property, which is within 2.4 metres of a driveway and is also above the permitted height of 1.2 metres and the front yard west side of the property along Bayview Avenue that is 2.4 metres in height whereas the permitted height is 1.2 metres, as those sections of fencing do not comply with provisions of City of Toronto Municipal Code, Chapter 447, Fences.

2. Directed that a second unappealable Notice of Violation be issued under City of Toronto Municipal Code, Chapter 447, Fences.

Origin

(January 30, 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 owners of 8 Forest Heights Boulevard to maintain two sections of fencing which do not meet the requirements specified in City of Toronto Municipal Code, Chapter 447, Fences 1) Front yard board on board fence on the North west corner of the property, which is within 2.4 meters of a driveway. This fence should be open fence construction. 2) Front yard west side of the property along Bayview Avenue that is 2.4 meters in height, the permitted height is 1.2 meters.

The third section of fence has been referred to Right of Way Transportation as it is on public property. The front yard north east side of property exceeds height of 1.2 meters permitted in front yard and sight line obstruction. Our colleagues have issued two Notices of Violation the last one sent on September 21, 2018. They have sent several emails to the Agent of the property owners with the last one sent on November 8, 2018. They are currently working on the situation with the Agent to have the property owners come into compliance with their Notices of Violation.

The subject property 8 Forest Heights Boulevard is located in Ward 15, in a residential zone.

LOCATION

ORIENTATION

DEFICIENCY

BY-LAW SECTION & REQUIREMENT*

1. Front Yard

North West corner of property

The fence erected within 2.4 metres of a driveway is not open-fence construction.

Fence in front yard above permitted height of 1.2 metres

Section 447-2C.(1)

Table 1

Any fence within 2.4 metres of any driveway shall be an open mesh chain-link fence or of an equivalent open-fence construction for at least 2.4 metres from the lot line at which the driveway begins so as not to obstruct the view of the boulevard or highway

AND

Section 447-2B. (1)

Fence in a front yard; permitted height 1.2

within 2.4 metres of a lot line abutting a public highway (public highway does not include a public lane

2. Front Yard

West side of property along Bayview Avenue

The fence erected exceeds height permitted 1.2 metres

Section 447-2B.(1)

Table 1

Maximum height of fence - 1.2 meter in the front yard

Background Information

(January 30, 2019) Report and Attachments 1-8 from the District Manager, Municipal Licensing and Standards, North York District on an Application for Fence Exemption at 8 Forest Heights Boulevard
https://www.toronto.ca/legdocs/mmis/2019/ny/bgrd/backgroundfile-130283.pdf

Motions

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

That North York Community Council:

1. Refuse the application for an exemption submitted by the property owners of 8 Forest Heights Boulevard to maintain a front yard board-on-board fence on the north west corner of the property, which is within 2.4 metres of a driveway and is also above the permitted height of 1.2 metres and the front yard west side of the property along Bayview Avenue that is 2.4 metres in height whereas the permitted height is 1.2 metres, as those sections of fencing do not comply with provisions of City of Toronto Municipal Code, Chapter 447, Fences.

2. Direct that a second unappealable Notice of Violation be issued under City of Toronto Municipal Code, Chapter 447, Fences.