Item - 2019.NY8.41
Tracking Status
- This item was considered by North York Community Council on September 16, 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.
NY8.41 - Request for Fence Exemption - Front, rear and side yard - 21 Park Lane Circle
- 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 front, side and rear yard fence at 21 Park Lane Circle to be constructed contrary to the by-law, namely the front walls/fences/gates higher than 1.2 metres, side and rear yard fences/walls higher than 2 metres, without conditions.
2. Directed and requires that the installation be maintained in good repair, including the green infrastructure, 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
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 21 Park Lane Circle 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(1) – Fence height.
The subject property 21 Park Lane Circle is located in Ward 15, on a residentially zoned property.
|
GENERAL LOCATION |
SPECIFIC LOCATION |
PROPOSED CONSTRUCTION & DEFICIENCY |
BY-LAW SECTION & REQUIREMENT |
|
Front yard
|
Entire width of south-west side of property facing Park Lane Circle.
|
Fencing, columns, security walls and gates exceed the height permitted by the bylaw, between 3.0 and 4.42 metres.
|
Chapter 447–1.2.B(1) – Fence height.
|
|
Rear Yard & Side Yard
|
North-west and south-east side yards.
|
Metal picket fence in rear and side yards exceed the height permitted by the bylaw, currently between 3.05m and 3.3m. |
Chapter 447–1.2.B(1) – Fence height.
|
|
Rear Yard
|
Rear Yard – East side of property.
|
Barrier Wall in rear yard exceeds maximum permitted height of 2 metres. Namely 4.4 metres for a length of 11.2 metres. |
Chapter 447–1.2.B(1) – Fence height.
|
Background Information
https://www.toronto.ca/legdocs/mmis/2019/ny/bgrd/backgroundfile-137002.pdf
Communications
(September 16, 2019) Submission from Brad Rafauli (NY.New.NY8.41.2)
(September 16, 2019) Submission from Brad Rafauli (NY.New.NY8.41.3)
Speakers
Mandy Ng, Associate, Loopstra Nixon LLP
Motions
That North York Community Council:
1. Grant the application for the front, side and rear yard fence at 21 Park Lane Circle to be constructed contrary to the by-law, namely the front walls/fences/gates higher than 1.2 metres, side and rear yard fences/walls higher than 2 metres, without conditions.
2. Direct and require that the installation be maintained in good repair, including the green infrastructure, 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.