Item - 2019.NY4.20

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.

NY4.20 - Request for Fence Exemption - Front/Flankage/Rear yard - 48 Mallow Road

Decision Type:: ACTION

Status:: Amended

Schedule Type:: Delegated

Ward:: 16 - Don Valley East

Public Notice Given

Community Council Decision

North York Community Council:

1. Granted the application for the front and rear fence height, for the property at 48 Mallow 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

(January 3, 2019) 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 48 Mallow Rd 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 447–2B (1) - Height of the fence exceeds the height permitted by the Chapter, Namely, Wood fence constructed on side and rear yards exceeds maximum height of 2 metres, contrary to Section 447-2 of the bylaw.

The subject property 48 Mallow Rd is located in Ward 16, on a residentially zoned property.

GENERAL LOCATION

SPECIFIC LOCATION

EXISTING CONSTRUCTION & DEFICIENCY

BY-LAW SECTION & REQUIREMENT

Rear

South side of property, rear yard. Facing Mallow Rd.

Fence located behind front wall of the dwelling is higher than 2.0 metres in height at the highest element.

Chapter 447, Section 2 B (1) No fence described in the following Table shall, when measured at any point along its length from the average grade level measured perpendicular to and one metre away on either side of the fence, exceed the height set out in the Table for the fence namely maximum fence height 2.0 metres.

Background Information

(January 3, 2019) Report and Attachments 1-5 from the District Manager, Municipal Licensing and Standards, North York District on an Application for Fence Exemption at 48 Mallow Road
https://www.toronto.ca/legdocs/mmis/2019/ny/bgrd/backgroundfile-130285.pdf

Communications

(March 4, 2019) Fax from Roberta Gotts (NY.Main.NY4.20.1)

Speakers

Anneke Medema-Allan

Motions

Motion to Amend Item moved by Councillor Denzil Minnan-Wong (Carried)

That North York Community Council:

1. Grant the application for the front and rear fence height, for the property at 48 Mallow 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.