Item - 2019.SC2.1

Tracking Status

This item was considered by Scarborough Community Council on January 15, 2019 and was adopted with amendments. City Council has delegated authority for this matter to the Scarborough Community Council and therefore, the decision is final.

SC2.1 - Request for Fence Exemption - Front Yard and Side Yard - 45 Dunstall Crescent

Decision Type:: ACTION

Status:: Amended

Schedule Type:: Delegated

Ward:: 25 - Scarborough - Rouge Park

Public Notice Given

Community Council Decision

The Scarborough Community Council:

1. Granted the application for a fence exemption for the existing 2.25 meter high wood fence located in the front yard of the property, as well as a 2.3 meter high wood fence located in the side yard of the property without conditions.

2. Directed and required that the installation be maintained in good repair without alteration. Directed and required 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

(December 6, 2018) Report from the Manager, Municipal Licensing and Standards, Scarborough District

Summary

This staff report concerns a matter for which the Scarborough Community Council has delegated authority from City Council to make a final decision.

The purpose of this report is to advise Council concerning an application by the owner(s) of 45 Dunstall Crescent for a site-specific Fence Exemption, pursuant to Section 447-2 of Toronto Municipal Code, Chapter 447- Fences. The property owners are seeking Council's permission to be exempt concerning an existing wood fence located in the front yard in the South side of the property, as well as the existing wood fence located in the North side yard of the property, which does not comply with restrictions contrary to Section 447-2 of the bylaw as detailed below in the following chart:

The subject property 45 Dunstall Crescent is located in Ward #25, in a residential zone property.

GENERAL LOCATION

SPECIFIC LOCATION

EXISTING CONSTRUCTION & DEFICIENCY

BY-LAW SECTION & REQUIREMENT*

Side yards and front yard

- Fence located in front yard

- Fence located side yard of the property

Existing wood fence 2.25 meters high in front yard

Existing wood fence 2.3 meters high in side yard

Section 447-2(B)(1),

Table 1

Maximum height of fence 2.0 metres in the front yard

Maximum height of fence 2.0 meters in side yard

Background Information

(December 6, 2018) Report and Attachments 1-6 from the Manager, Municipal Licensing and Standards, Scarborough District - Request for Fence Exemption - Front Yard and Side Yard - 45 Dunstall Crescent
https://www.toronto.ca/legdocs/mmis/2019/sc/bgrd/backgroundfile-122746.pdf
(December 27, 2018) Notice of Consideration - 45 Dunstall Crescent
https://www.toronto.ca/legdocs/mmis/2019/sc/bgrd/backgroundfile-123069.pdf

Communications

(January 14, 2019) E-mail from Ryan Leonard (SC.New.SC2.1.1)
(January 14, 2019) E-mail from Jennifer Leonard (SC.New.SC2.1.2)

Speakers

Ryan Maharaj, Owner
Leana Maharaj

Motions

1 - Motion to Amend Item moved by Councillor Jennifer McKelvie (Carried)

That Scarborough Community Council:

1. Grant the application for the existing 2.25 meter high wood fence located in the front yard of the property, as well as a 2.3 meter high wood fence located in the side yard of the property without conditions. Direct and require that the installation be maintained in good repair without alteration. 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.

Vote (Amend Item) Jan-15-2019

Result: Carried	Majority Required
Total members that voted Yes: 6	Members that voted Yes are Paul Ainslie, Gary Crawford, Jim Karygiannis (Chair), Cynthia Lai, Jennifer McKelvie, Michael Thompson
Total members that voted No: 0	Members that voted No are
Total members that were Absent: 0	Members that were absent are