Item - 2021.NY26.29

Tracking Status

This item was considered by North York Community Council on September 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.

NY26.29 - Request for a Fence Exemption to the Toronto Municipal Code, Chapter 447 - 32 Cork Avenue

Decision Type:: ACTION

Status:: Amended

Schedule Type:: Delegated

Ward:: 8 - Eglinton - Lawrence

Public Notice Given

Community Council Decision

North York Community Council:

1. Granted the application for a fence exemption permit (with or without conditions), to the property owner of 32 Cork Avenue, thereby allowing the existing fence to remain installed as is. 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, Fences, or its successor by-law.

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 North York Community Council has delegated authority from City Council to make a final decision.

The purpose of this report is to advise Community Council concerning an application by the property owner of 32 Cork 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 Community 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 (board on board).

A Notice of Violation has been issued to the property owner.

Background Information

(August 23, 2021) Report and Attachment 1 from the District Manager, Municipal Licensing and Standards, West District on a Request for a Fence Exemption to the Toronto Municipal Code, Chapter 447 at 32 Cork Avenue
https://www.toronto.ca/legdocs/mmis/2021/ny/bgrd/backgroundfile-170177.pdf
Attachments 2-6

Speakers

Connie Ezechia

Motions

1 - Motion to Adopt Item as Amended moved by Councillor Mike Colle (Carried)

That North York Community Council:

1. Grant the application for a fence exemption permit (with or without conditions), to the property owner of 32 Cork Avenue, thereby allowing the existing fence to remain installed as is. 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, Fences, or its successor by-law.

Vote (Adopt Item as Amended) Sep-13-2021

Result: Carried	Majority Required
Total members that voted Yes: 5	Members that voted Yes are Mike Colle, John Filion, Denzil Minnan-Wong, James Pasternak (Chair), Jaye Robinson
Total members that voted No: 1	Members that voted No are Shelley Carroll
Total members that were Absent: 0	Members that were absent are