Item - 2019.TE6.23
Tracking Status
- This item was considered by Toronto and East York Community Council on May 22, 2019 and was adopted without amendment. City Council has delegated authority for this matter to the Toronto and East York Community Council and therefore, the decision is final.
TE6.23 - Request for a Fence Exemption to the Toronto Municipal Code, Chapter 447 - 51 Don Valley Drive
- Decision Type:
- ACTION
- Status:
- Adopted
- Schedule Type:
- Delegated
- Ward:
- 14 - Toronto - Danforth
Community Council Decision
The Toronto and East York Community Council:
1. Granted the application for a fence exemption permit, without conditions, thereby allowing the fence to be maintained as constructed. Direct and require that the installation be maintained in good repair without alteration. 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 concerns a matter for which the Toronto and East York 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 property owner of 51 Don Valley Drive for a site-specific Fence Exemption, pursuant to Section 447-5.C of Toronto Municipal Code, Chapter 447- Fences. The property owner is seeking Council's permission to , which does not comply with and fence construction material restrictions stipulated by Section of the bylaw.
The fence is installed on the West property line in the rear yard between 49 and 51 Don Valley Dr. There are 4 different sections of fence in violation for height and use of corrugated metal sheets. The first section is 2.26 m (7 feet 5 inches) high and 4.39 m (14 feet 5 inches) wide. The second section is an average height of 2.59 m (8 feet 6 inches) between the two properties and 4.88 m (16 feet) wide. The third section is an average height of 2.31 m (7 feet 7 inches) between the two properties and 7.31 m (24 feet) wide. The fourth section is an average height of 2.31 m (7 feet 7 inches) between the two properties and 14.15 m (46 feet 5 inches) wide. The material of the fence is corrugated metal.
The application is based on a complaint that was received and investigated by Municipal Licensing and Standards.
Background Information
https://www.toronto.ca/legdocs/mmis/2019/te/bgrd/backgroundfile-132733.pdf
Communications
(June 5, 2018) E-mail from Phil Youngman-Jang (TE.Main.TE6.23.2)
(July 1, 2018) E-mail from Clive Thomasson (TE.Main.TE6.23.3)
(May 6, 2019) Letter from Timothy Kinnaird (TE.Main.TE6.23.4)
(May 17, 2019) Letter from Timothy Kinnaird (TE.Supp.TE6.23.5)
https://www.toronto.ca/legdocs/mmis/2019/te/comm/communicationfile-94647.pdf
Speakers
Didi Vergados
Joanna Sable
Motions
The Toronto and East York Community Council:
1. Grant the application for a fence exemption permit, without conditions, thereby allowing the fence to be maintained as constructed. Direct and require that the installation be maintained in good repair without alteration. 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 (Adopt Item as Amended) May-22-2019
| Result: Carried | Majority Required |
|---|---|
| Total members that voted Yes: 5 | Members that voted Yes are Brad Bradford, Paula Fletcher, Josh Matlow, Gord Perks (Chair), Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 3 | Members that were absent are Ana Bailão, Joe Cressy, Mike Layton |