Item - 2021.NY28.23

Tracking Status

This item was considered by North York Community Council on November 23, 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.

NY28.23 - Request for a Fence Exemption to the Toronto Municipal Code, Chapter 447 - 61 Dane 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 61 Dane Avenue, for the existing fence; directed and required 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 61 Dane 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 the east and west side of the rear and side yards. The fence material is wood (board on board).

The property owner has been issued a notice of violation.

Background Information

(August 23, 2021) Report and Attachments 1 to 5 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 61 Dane Avenue
https://www.toronto.ca/legdocs/mmis/2021/ny/bgrd/backgroundfile-172578.pdf

Communications

(November 19, 2021) E-mail from Tracy Trang Dang (NY.New)

Speakers

Tracy Trang Dang
Joseph Bengiovanni
Maria Pede

Motions

1 - Motion to Amend Item 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 61 Dane Avenue, for the existing fence. 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.