Item - 2020.TE14.21

Tracking Status

This item was considered by Toronto and East York Community Council on March 12, 2020 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.

TE14.21 - Request for Fence Exemption - 334 Willard Avenue

Decision Type:: ACTION

Status:: Adopted

Schedule Type:: Delegated

Ward:: 4 - Parkdale - High Park

Community Council Decision

The Toronto and East York Community Council:

1. Refused to grant the application for an exemption permit, by the owner(s) of 334 Willard Ave. for the installed metal posts and mesh affixed to the board on board fence in the rear yard behind the accessory structure on the west and north side of the property, which increases the overall height of the fence to 3.175 (10'5") in height and remaining in non compliance with the provisions of Toronto Municipal Code, Chapter 447, Fences, thereby requiring further enforcement action.

Origin

(February 24, 2020) Report from the Manager, Municipal Licensing and Standards, Toronto and East York District

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 owner(s) of 334 Willard Avenue for a site-specific Fence Exemption, pursuant to Section 447-1.2 B of Toronto Municipal Code, Chapter 447- Fences. Following the issuance of a Notice of Violation (appendix 1) the property owner(s) are seeking Council's permission to exempt metal poles and mesh (netting) that has been affixed to a board on board fence running along the West and North side of the rear yard which does not comply with restrictions contrary to Section 447-2 of the bylaw as detailed below in the following chart:

The subject property 334 Willard Avenue is located in Ward 4, on a residential zoned property.

GENERAL LOCATION

SPECIFIC LOCATION

CONSTRUCTION DEFIENCY

BYLAW SECTION AND REQUIREMENT

West and North Side of property

Rear Yard (behind Accessory Structure)

West Side - measuring 6.096 metres (20 ft) in length & North Side - measuring 4.267 metres (14") in length.

Metal poles and mesh netting affixed to the existing board on board fence, which increases the fence height to 3.175 metres (10 ft. 5 in.)

Section 447-2(B)(1),

Table 1

Maximum height of fence not in front yard- 2.0 metres

Background Information

(February 24, 2020) Report and Attachments 1-5 from the Manager Municipal Licensing and Standards, Toronto East York District - Request for Fence Exemption- 334 Willard Avenue
https://www.toronto.ca/legdocs/mmis/2020/te/bgrd/backgroundfile-146565.pdf

Communications

(March 12, 2020) E-mail from Wes Brown & Marian Van Hoek (TE.Supp.TE14.21.1)

Speakers

Elisabeth Tiller

Motions

1 - Motion to Amend Item moved by Councillor Gord Perks (Carried)

That the Toronto and East York Community Council:

1. Refuse to grant the application for an exemption permit, by the owner(s) of 334 Willard Avenue for the installed metal posts and mesh affixed to the board on board fence in the rear yard behind the accessory structure on the west and north side of the property, which increases the overall height of the fence to 3.175 (10'5") in height and remaining in non compliance with the provisions of Toronto Municipal Code, Chapter 447, Fences, thereby requiring further enforcement action.

2 - Motion to Adopt Item as Amended moved by Councillor Gord Perks (Carried)