Item - 2021.SC26.21

Tracking Status

This item was considered by Scarborough Community Council on September 17, 2021 and was adopted with amendments. City Council has delegated authority for this matter to the Scarborough Community Council and therefore, the decision is final.

SC26.21 - Request for Fence Exemption - 26 Bowater Drive

Decision Type:: ACTION

Status:: Amended

Schedule Type:: Delegated

Ward:: 22 - Scarborough - Agincourt

Public Notice Given

Community Council Decision

Scarborough Community Council:

1. Refused to grant the application for a fence exemption, by the owners of 26 Bowater Drive to permit the existing wood fence in the rear yard which does not comply with provisions of City of Toronto Municipal Code, Chapter 447, Fences, and directed that a second unappealable Notice of Violation be issued under City of Toronto Municipal Code, Chapter 447, Fences.

Origin

(August 6, 2021) Report from the Manager, Municipal Licensing and Standards, East District

Summary

This staff report concerns a matter for which the Scarborough 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 submitted by the property owners of 26 Bowater Drive for a site-specific Fence Exemption, pursuant to Section 447- 1.5 B. (1) of Toronto Municipal Code, Chapter 447- Fences. The property owners are seeking Community Council's permission to be exempt concerning the height of the wood fence in the rear yard which does not comply with height restrictions of Section 447-1.2. of the requirements specified in City of Toronto Municipal Code, Chapter 447, Fences, as detailed below in the following chart:

GENERAL LOCATION

SPECIFIC LOCATION

CONSTRUCTION & DEFICIENCY

BY-LAW SECTION & REQUIREMENT*

Rear yard

Rear property line fence.

Existing 2.80m high Fence Exceeds the Permitted Height of 2.0m

Section 447-1.2. B.,

Table 1 Item 9.

Description of Fence

Any other fence.

Fence on single or multiple residential property.

Max Height 2.0m

The subject property, 26 Bowater Drive, is a reverse pie shaped lot, with a two story detached residential dwelling. It is located in Ward 22, in a Residential Zoned Area, East of Warden Avenue, North of Sheppard Avenue and backs on to a residential property on Robintide Court.

Background Information

(August 6, 2021) Report and Attachments 1 to 3 from the Manager, Municipal Licensing and Standards, East District - Request for Fence Exemption - 26 Bowater Drive
https://www.toronto.ca/legdocs/mmis/2021/sc/bgrd/backgroundfile-169740.pdf

Communications

(September 8, 2021) E-mail from Kelly Lamb (SC.New)
(September 8, 2021) E-mail from Walter Vicic (SC.New)
(September 10, 2021) E-mail from Paula Manolakakis and Zissis Magirias (SC.New)
(September 17, 2021) E-mail from Simon Kolentsi and Noriko Matsuura (SC.New)

Speakers

Tony Mantia

Motions

1 - Motion to Adopt Item as Amended moved by Councillor Nick Mantas (Carried)

That Scarborough Community Council:

1. Refuse to grant the application for a fence exemption, by the owners of 26 Bowater Drive to permit the existing wood fence in the rear yard which does not comply with provisions of City of Toronto Municipal Code, Chapter 447, Fences, and direct that a second unappealable Notice of Violation be issued under City of Toronto Municipal Code, Chapter 447, Fences.