Item - 2020.TE14.24

Tracking Status

This item was considered by Toronto and East York Community Council on March 12, 2020 and was adopted with amendments. City Council has delegated authority for this matter to the Toronto and East York Community Council and therefore, the decision is final.

TE14.24 - Request for Fence Exemption- 124 Park Road

Decision Type:: ACTION

Status:: Amended

Schedule Type:: Delegated

Ward:: 11 - University - Rosedale

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 124 Park Rd. for the installed 45 metre long brick masonry fence where the fence height ranges from 2.3 metres in height to 3.45 metres in height which is in non-compliance with the provisions of Toronto Municipal Code, Chapter 447, Fences, thereby requiring further enforcement action.

Origin

(February 24, 2020) Report from Joe Magalhaes, Manager Municipal Licensing and Standards, Toronto 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 124 Park Rd. for a site-specific Fence Exemption, pursuant to Section 4471.2 of the Toronto Municipal Code, Chapter 447- Fences. Following the issuance of a Notice of Violation (appendix 1) the property owner(s) is seeking Council's permission to be exempt concerning a Masonry Brick fence located in the north side of the property which does not comply with restrictions contrary to Section 447-1.2 of the bylaw as detailed below in the following chart:

The subject property 124 Park Rd. is located in Ward 11, on a residential zone property with a swimming pool in rear yard.

GENERAL LOCATION

SPECIFIC LOCATION

CONSTRUCTION DEFICIENCY

BY-LAW SECTION & REQUIREMENT*

North Side of Property

North Side of the Property

148 ft. (45 meters) long Masonry Brick fence averaging from 2.3 metres (7'7") to 3.45 metres (11'4") in height.

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 1-6 from Joe Magalhaes, Manager Municipal Licensing and Standards, Toronto East York District - Request for Fence Exemption- 124 Park Rd.
https://www.toronto.ca/legdocs/mmis/2020/te/bgrd/backgroundfile-146562.pdf

Communications

(March 10, 2020) E-mail from Don Hogarth (TE.Supp.TE14.24.1)
(March 11, 2020) Letter from Neil and Natasha Glossop (TE.Supp.TE14.24.2)

Speakers

Natasha Glossop
Neil Glossop
Rick MClenaghan

Motions

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

That the Toronto and East York Community Council:

1. Refuse to grant the application for an exemption permit by the owner(s) of 124 Park Road for the installed 45 metre long brick masonry fence where the fence height ranges from 2.3 metres in height to 3.45 metres in height which is 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 Mayor John Tory (Carried)