Item - 2021.EY27.5

Tracking Status

This item was considered by Etobicoke York Community Council on October 12, 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.
See also EY24.13
See also EY26.32

EY27.5 - Re-opening EY24.13: Request for a Fence Exemption to the Toronto Municipal Code, Chapter 447 - 102 Lomar Drive

Decision Type:: ACTION

Status:: Amended

Schedule Type:: Delegated

Ward:: 7 - Humber River - Black Creek

Community Council Decision

The Etobicoke York Community Council:

1. Refused to grant the application for an exemption permit, by the property owner of 102 Lomar Drive, 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

(February 8, 2021) Report from the District Manager, Municipal Licensing and Standards, West District

Summary

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 102 Lomar 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 allow for the existing fence, which does not comply with maximum fence height restrictions stipulated by Section 447-1.2(B) of the bylaw.

The fence is located in the rear yard on the north property line and forms a barrier to the neighbouring property. Some parts of the fence exceed the allowed height limitation. The fence material is wood, board on board with a lattice on top.

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

Background Information

(February 8, 2021) Report and Attachments 1 and 2 from the District Manager, Municipal Licensing and Standards, West District on Request for a Fence Exemption to the Toronto Municipal Code, Chapter 447 - 102 Lomar Drive
https://www.toronto.ca/legdocs/mmis/2021/ey/bgrd/backgroundfile-171114.pdf
(October 8, 2021) Presentation from Municipal Licensing and Standards on Photos Taken from 104 Lomar Drive
https://www.toronto.ca/legdocs/mmis/2021/ey/bgrd/backgroundfile-171852.pdf

Speakers

Mario Mrakovcic
Gloria Ilunga

Motions

1 - Motion to Amend Item moved by Councillor Mark Grimes (Carried)

That the Etobicoke York Community Council:

1. Refuse to grant the application for an exemption permit, by the property owner of 102 Lomar Drive, 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.