Item - 2019.NY7.40

Tracking Status

This item was considered by North York Community Council on June 25, 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.

NY7.40 - Request for Fence Exemption - Rear Yard - 344 Lawrence Avenue West

Decision Type:: ACTION

Status:: Amended

Schedule Type:: Delegated

Ward:: 8 - Eglinton - Lawrence

Public Notice Given

Community Council Decision

North York Community Council:

1. Granted the application for the rear fence height for the property at 344 Lawrence Avenue West, 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

(March 29, 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 owner(s) of 344 Lawrence Ave W 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 East side of the rear yard exceeds maximum height of 2M, contrary to Section 447-2 of the bylaw.

The subject property 344 Lawrence Ave W is located in Ward 8, on a residentially zoned property.

GENERAL LOCATION

SPECIFIC LOCATION

EXISTING CONSTRUCTION & DEFICIENCY

BY-LAW SECTION & REQUIREMENT

Rear

East side of property, rear yard.

Fence located behind front wall of the dwelling is higher than 2.0 metres in height at the highest element. Looking to have a fence which is 2.4 metres in height.

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

(March 29, 2019) Report and Appendices 1-5 from the District Manager, Municipal Licensing and Standards, North York District on a Request for Fence Exemption, Rear Yard, at 344 Lawrence Avenue West
https://www.toronto.ca/legdocs/mmis/2019/ny/bgrd/backgroundfile-133488.pdf

Communications

(May 7, 2019) Fax from Gus and Helen Lambropoulos (NY.Main.NY7.40.1)
(May 17, 2019) E-mail from Gus and Helen Lambropoulos, submitted by Brandon Stevens (NY.New.NY7.40.2)
(May 21, 2019) E-mail from Jaak Purres (NY.New.NY7.40.3)
(June 21, 2019) E-mail from Jaak Purres (NY.New.NY7.40.4)

Speakers

Jaak Purres
Patricia Lambropoulos

Motions

1 - Motion to Amend Item moved by Councillor Mike Colle (Carried)

That North York Community Council:

1. Grant the application for the rear fence height for the property at 344 Lawrence Avenue West, 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.

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