Item - 2021.EY25.21

Tracking Status

This item was considered by Etobicoke York Community Council on June 22, 2021 and was adopted with amendments. City Council has delegated authority for this matter to the Etobicoke York Community Council and therefore, the decision is final.

EY25.21 - Request for a Fence Exemption to the Toronto Municipal Code, Chapter 447 - 85 Harding Avenue

Decision Type:: ACTION

Status:: Amended

Schedule Type:: Delegated

Ward:: 5 - York South - Weston

Public Notice Given

Community Council Decision

The Etobicoke Community Council:

1. Refused to grant the application for an exemption, by the property owner of 85 Harding Avenue, for a fence that fails to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences and to issue a second notice to the property owner to bring the fence into compliance.

Origin

(May 12, 2021) Report from the District Manager, Municipal Licensing and Standards

Summary

This staff report is in regards to a matter for which the Etobicoke 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 85 Harding Avenue 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 allow for the existing fence, which does not comply with the standards stipulated by Section 447-1.2(C)(1) of the bylaw.

The fence is located in the front yard on the east property line and forms a barrier to the neighbouring property. The fence material is wood, board on board and some parts of the fence is within 2.4 metres of the driveway and obstruct the view of the public highway.

The application is based on a complaint that was received and investigated by Municipal Licensing and Standards.

Background Information

(May 12, 2021) Report and Attachments 1 to 3 from the District Manager, Municipal Licensing and Standards on Request for a Fence Exemption to the Toronto Municipal Code, Chapter 447 - 85 Harding Avenue
https://www.toronto.ca/legdocs/mmis/2021/ey/bgrd/backgroundfile-167689.pdf

Communications

(June 18, 2021) E-mail from Maria Menicucci (EY.New)
(June 21, 2021) E-mail from Vicki Teti (EY.New)
(June 21, 2021) E-mail from Thuy Ngo (EY.New)
(June 22, 2021) E-mail from Amanda Duff (EY.New)
(June 22, 2021) E-mail from Domenico Menicucci (EY.New)

Motions

1 - Motion to Amend Item moved by Councillor Frances Nunziata (Carried)

That the Etobicoke Community Council:

1. Refuse to grant the application for an exemption, by the property owner of 85 Harding Avenue, for a fence that fails to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences and to issue a second notice to the property owner to bring the fence into compliance.