Item - 2021.EY28.9

Tracking Status

This item was considered by Etobicoke York Community Council on November 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.

EY28.9 - Request for a Fence Exemption to the Toronto Municipal Code, Chapter 447 - 62 Clement Road

Decision Type:: ACTION

Status:: Amended

Schedule Type:: Delegated

Ward:: 2 - Etobicoke Centre

Public Notice Given

Community Council Decision

The Etobicoke York Community Council:

1. Granted the application for a fence exemption permit the south east and west fences to a maximum height to the top of the lower lattice unit and rail at 2.08 metres, and the north fence to remain in the existing condition. 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.

2. Requested staff to make arrangements with the applicant for a reasonable compliance grace period up to March 31, 2022 in consideration of seasonal factors, the availability of materials and personal circumstances.

Origin

(August 23, 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 62 Clement Road 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 447-1.3(B)(1) of the bylaw.

The fence exceeds the allowed height limits on all sides of the rear yard. The fence material is wood with a double lattice on top.

Background Information

(August 23, 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 - 62 Clement Road
https://www.toronto.ca/legdocs/mmis/2021/ey/bgrd/backgroundfile-172398.pdf

Motions

1 - Motion to Amend Item moved by Councillor Stephen Holyday (Carried)

That the Etobicoke York Community Council:

1. Grant the application for a fence exemption permit the south east and west fences to a maximum height to the top of the lower lattice unit and rail at 2.08 metres, and the north fence to remain in the existing condition. 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.

2. Request staff to make arrangements with the applicant for a reasonable compliance grace period up to March 31, 2022 in consideration of seasonal factors, the availability of materials and personal circumstances.