Item - 2021.TE27.15

Tracking Status

This item was considered by Toronto and East York Community Council on September 9, 2021 and was adopted without amendment. City Council has delegated authority for this matter to the Toronto and East York Community Council and therefore, the decision is final.

TE27.15 - Request for Fence Exemption - Front Yard - 38 Helena Avenue

Decision Type:: ACTION

Status:: Adopted

Schedule Type:: Delegated

Ward:: 12 - Toronto - St. Paul's

Community Council Decision

The Toronto and East York Community Council:

1. Granted the application for the existing front yard fence, without conditions and directed and require, that the installation be maintained in good repair without alteration and, that 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.

Origin

(June 20, 2021) Report from the District Manager, Municipal Licensing and Standards, Toronto and East York District

Summary

This staff report is in regards to a matter for which the Toronto and East 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 owner(s) of 38 Helena Avenue, for a site-specific Fence Exemption, pursuant to the Toronto Municipal Code, Chapter 447- Fences. The property owner(s) is seeking Council's permission to be exempt from Chapter 447–1.2.B(1) – Fence height.

The subject property of 38 Helena Avenue is located in Ward 12, on a residentially zoned property. This property is a semi-detached house.

GENERAL LOCATION

SPECIFIC LOCATION

CURRENT/ EXISTING CONSTRUCTION and DEFICIENCY

BY-LAW SECTION and REQUIREMENT

Front Yard

West side of property, located between 38 and 40 Helena Avenue.

The existing fence consists of 3 wooden panels of 1 inch horizontal slats, and in its current location does not pose a sight line violation. Each panel measures as indicated below:

Panel 1 (next to the sidewalk) – 4.4ft

(53 inches) in height and 5.3ft (63.5 in) wide. No violation.

Panel 2 (middle) – 2.07m (6.8ft) in height and 1.7 (5.7ft) wide.

Panel 3 (Exterior wall of property) – 2.8m (9.3ft) in height and 1.6m (5.4ft) wide.

Chapter 447– 1.2B

Fence height.

Background Information

(June 20, 2021) Report and Attachments 1-4 from the District Manager, Municipal Licensing and Standards, Toronto and East York District - Request for Fence Exemption - Front Yard - 38 Helena Avenue
https://www.toronto.ca/legdocs/mmis/2021/te/bgrd/backgroundfile-169967.pdf

Communications

(September 7, 2021) E-mail from Bruno Lacaria Sr., Caterina Lacaria, Cosimo Lacaria (TE.Supp)
(September 8, 2021) Letter from Bruno Lacaria (TE.Supp)
(September 8, 2021) Letter from Raivo Uukkivi on behalf of Cassels Brock & Blackwell LLP (TE.Supp)
https://www.toronto.ca/legdocs/mmis/2021/te/comm/communicationfile-136059.pdf

Speakers

Raivo Uukkivi, Cassels Brock & Blackwell LLP
Catherine Donaldson

Motions

1 - Motion to Amend Item moved by Councillor Josh Matlow (Carried)

That the Toronto and East York Community Council:

2. Grant the application for the existing front yard fence, without conditions. Direct and require that the installation be maintained in good repair without alteration. Direct and require that 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 - Motion to Adopt Item as Amended moved by Councillor Gord Perks (Carried)