Item - 2021.EY23.9

The Etobicoke York Community Council:

1.  Granted the application for a fence exemption permit, without conditions, thereby allowing the fence to be constructed (as proposed).  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.

This staff report concerns a matter for which the Etobicoke 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 156 Church St for a site-specific Fence Exemption, pursuant to Section 447-1.5 B of Toronto Municipal Code, Chapter 447- Fences.  The property owner is seeking Council's permission to build a new fence, which does not comply with maximum fence height restrictions stipulated by Section 447-1.2 B(1) of the bylaw. 

The property owner is seeking relief from the by-law regulations to construct a board on board fence, 2.4 metres in height, on the east side of the property running a length of approximately 30 feet in length; and on the north side (rear of property) a board on board fence, 2.4 meters in height, running as length of approximately 45 feet in length. The property owner's intention to have a fence of 2.4m is to maintain privacy and for the safety of his family including 2 young children.  

On the east side the property neighboring this property, the property at 158 Church St has an elevated deck of approximately 1.0m along with a verandah of approximately 1.0m in height; thus providing no privacy if a 2.0m fence was installed. (Attachment 2,3,4,5)

Additionally, the owner requests a 2.4m height fence at the rear(North side) of the property due to an elevated play structure within 8ft of the shared property line where the play structure is approx. 1.5m in height when standing or playing on it.(Attachments 6,7,8).