Item - 2021.NY21.17
Tracking Status
- This item was considered by North York Community Council on January 13, 2021 and was adopted with amendments. City Council has delegated authority for this matter to the North York Community Council and therefore, the decision is final.
- See also NY11.30
- See also NY18.21
- See also NY19.15
- See also NY20.28
NY21.17 - Re-Opening Item NY11.30: Request for Fence Exemption - 2691 Bayview Avenue
- Decision Type:
- ACTION
- Status:
- Amended
- Schedule Type:
- Delegated
- Ward:
- 15 - Don Valley West
Public Notice Given
Community Council Decision
North York Community Council:
1. Refused the application for an exemption submitted by the property owners of 2691 Bayview Avenue to maintain front yard concrete and wrought iron fence on the north east side of the property, which is within 2.4 metres of a driveway and is also above the permitted height of 1.2 metres, which does not comply with the provisions of City of Toronto Municipal Code, Chapter 447, Fences.
2. Directed that a second unappealable Notice of Violation be issued under City of Toronto Municipal Code, Chapter 447, Fences.
Origin
Summary
North York Community Council had previously considered this item at its meeting on November 4, 2020 and refused the application for a fence exemption. See also items NY11.30 and NY19.15.
This staff report is in regards to a matter for which the North York Community Council has delegated authority from City Council to make a final decision.
The purpose of this report is to consider an application submitted by the owners of 2691 Bayview Avenue to maintain a 2.4 meter high concrete and wrought iron fence which is within 2.4 meters of a driveway. The fence does not meet the requirements specified in City of Toronto Municipal Code, Chapter 447, Fences.
The fence has been referred to Right of Way Transportation as it is on private and public property. Our colleagues have been in touch with the Property owners and have advised them that an encroachment agreement is needed. They are currently working on compliance with the property owners.
The subject property 2691 Bayview Avenue is located in Ward 15, in a residential zone.
|
LOCATION |
ORIENTATION |
DEFICIENCY |
BY-LAW SECTION & REQUIREMENT* |
|
Front Yard |
North East side of the property
|
The fence erected within 2.4 meters of a driveway is not open-fence construction.
Fence in front yard above permitted height of 1.2 metres
|
Section 447-2C.(1) Any fence within 2.4 metres of any driveway shall be an open mesh chain-link fence or of an equivalent open-fence construction for at least 2.4 metres from the lot line at which the driveway begins so as not to obstruct the view of the boulevard or highway
Section 447-1. 2B.(1) Fence in a front yard; permitted height 1.2 within 2.4 metres of a lot line abutting a public highway (public highway does not include a public lane) |
Background Information
https://www.toronto.ca/legdocs/mmis/2021/ny/bgrd/backgroundfile-159414.pdf
NY20.28 - December 3, 2020
https://www.toronto.ca/legdocs/mmis/2021/ny/bgrd/backgroundfile-159921.pdf
Item NY19.15 - November 4, 2020
https://www.toronto.ca/legdocs/mmis/2021/ny/bgrd/backgroundfile-159456.pdf
NY18.21 - October 7, 2020
https://www.toronto.ca/legdocs/mmis/2021/ny/bgrd/backgroundfile-159920.pdf
Item NY11.30 - December 3, 2019
https://www.toronto.ca/legdocs/mmis/2021/ny/bgrd/backgroundfile-159415.pdf
Communications
Speakers
Motions
That North York Community Council:
1. Grant the exemption to permit the property owners of 2691 Bayview Avenue to maintain the concrete and wrought iron fencing in the front yard of the property which is within 2.4 metres of a driveway and is also above the permitted height of 1.2 metres with the following conditions:
a. The property owners enter into an encroachment agreement with the City of Toronto at their expense and assume all liability and damages related to the encroachment;
b. The property owners must retain valid property insurance for the duration of the encroachment in case there are any claims initiated due to the encroachment;
c. The property owners agree that the City and/or utility companies may remove the encroachment in order to install or maintain services within the affected public right of way with no obligation to replace the encroachment;
d. The property owners shall remove the encroachments if required by the City at any time and restore the public road allowance to the satisfaction of the City at their own expense;
e. The property owners must comply with any other conditions deemed necessary by the City with respect to the encroachments; and
f. The fence shall be installed in such a manner that sight restrictions for drivers and pedestrians are eliminated.
That North York Community Council:
1. Refuse the application for an exemption submitted by the property owners of 2691 Bayview Avenue to maintain front yard concrete and wrought iron fence on the north east side of the property, which is within 2.4 metres of a driveway and is also above the permitted height of 1.2 metres, which does not comply with the provisions of City of Toronto Municipal Code, Chapter 447, Fences. Direct that a second unappealable Notice of Violation be issued under City of Toronto Municipal Code, Chapter 447, Fences.