Item - 2019.NY5.23

Tracking Status

  • This item was considered by North York Community Council on April 24, 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.

NY5.23 - Request for Fence Exemption - Front - 39 Hove Street

Decision Type:
ACTION
Status:
Amended
Schedule Type:
Delegated
Ward:
6 - York Centre

Public Notice Given

Community Council Decision

North York Community Council:

 

1. Granted the application for an exemption permit by the owner(s) of 39 Hove Street, subject to the following conditions: 

 

a. that the homeowner trim the hedge eastward 2.4 metres from the lot line to a height of no more than 1.2 metres; and

 

b. that the homeowner trim the hedge monthly to maintain the directed height.

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 39 Hove St 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 447-1.2C (1) permit cedars to obstruct the view of the boulevard or highway contrary to 447-1.2C (1) of the bylaw.

 

The subject property 39 Hove St is located in Ward 6, on a residentially zoned property.

 

GENERAL LOCATION

 

SPECIFIC LOCATION

 

EXISTING CONSTRUCTION & DEFICIENCY

BY-LAW SECTION & REQUIREMENTS

Front Yard

 

 

 

 

 

 

 

 

 

 

 

 

South side of property.

 

 

 

 

 

 

 

 

 

 

 

 

Cedar Hedge obstructs the view of the boulevard or highway within 2.4 meters of the front lot line.

 

 

 

 

 

 

 

 

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.

Background Information

(January 3, 2019) Report and Attachments 1-6 from the District Manager, Municipal Licensing and Standards, North York District on an Application for Fence Exemption at 39 Hove Street
https://www.toronto.ca/legdocs/mmis/2019/ny/bgrd/backgroundfile-131171.pdf

Communications

(March 19, 2019) Submission from Santo Acquaviva (NY.Main.NY5.23.1)
(April 24, 2019) E-mail from M. Bonura (NY.New.5.23.2)

Speakers

Santo Acquaviva (Submission Filed)

Motions

1 - Motion to Amend Item moved by Councillor James Pasternak (Carried)

That North York Community Council:

 

1. Grant the application for an exemption permit by the owner(s) of 39 Hove Street, subject to the following conditions: 

 

a. that the homeowner trim the hedge eastward 2.4 metres from the lot line to a height of no more than 1.2 metres; and

 

b. that the homeowner trim the hedge monthly to maintain the directed height.

Vote (Amend Item) Apr-24-2019

Result: Carried Majority Required
Total members that voted Yes: 4 Members that voted Yes are Shelley Carroll, Denzil Minnan-Wong, James Pasternak (Chair), Jaye Robinson
Total members that voted No: 2 Members that voted No are Mike Colle, John Filion
Total members that were Absent: 0 Members that were absent are

2 - Motion to Amend Item moved by Councillor Shelley Carroll (Redundant)

That North York Community Council:

 

1. Refuse to grant the application for an exemption permit by the owner(s) of 39 Hove Street, front yard view obstruction, for failing to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences

 

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

Source: Toronto City Clerk at www.toronto.ca/council