Item - 2022.NY30.38

Tracking Status

This item was considered by North York Community Council on February 23, 2022 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.

NY30.38 - Application for Fence Exemption - 438 Heath Street East

Decision Type:: ACTION

Status:: Amended

Schedule Type:: Delegated

Ward:: 15 - Don Valley West

Public Notice Given

Community Council Decision

North York Community Council:

1. Granted the application by the owner(s) of 438 Heath Street East, to maintain the existing chain link fence in the rear yard, west side of the property, which in some sections is less than the required 1.2 metres in height and has 2 1/2 inch mesh and surrounded by approximately 100 feet of cedar trees extending approximately 5 feet in depth on both sides of the chain link fence.

2. Directed and required that existing fence and cedars be maintained in good repair without alteration.

3. Directed and required that 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

(January 12, 2022) Report from the Manager, Municipal Licensing and Standards, East 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 consider an application by the owner(s) of 438 Health Street East, to maintain a chain link fence in the rear yard on the west side of the property which has 2 ½ inch mesh surrounded by approximately 15 feet high/100 feet long cedars, which extend approximately 4 - 5 feet in depth on both sides of the chain link fence. Also, to maintain the same chain link fence, which is less than 1.2 metres in height in a few sections. The chain link fence height and location between the cedars are forming part of a pool enclosure does not meet the requirements of a pool enclosure as specified in the Toronto Municipal Code, Chapter 447-1.3 - Fences. A Notice of Violation was issued on September 15, 2021.

Background Information

(January 12, 2022) Report and Attachments 1 to 5 from the Manager, Municipal Licensing and Standards, East District on an Application for Fence Exemption at 438 Heath Street East
https://www.toronto.ca/legdocs/mmis/2022/ny/bgrd/backgroundfile-176350.pdf

Communications

(February 21, 2022) E-mail from Angela Qianzhi Jiang (NY.Supp)

Speakers

Qianzhi (Angela) Jiang
Chris Chen

Motions

1 - Motion to Amend Item moved by Councillor Jaye Robinson (Carried)

That North York Community Council:

1. Grant the application by the owner(s) of 438 Heath Street East, to maintain the existing chain link fence in the rear yard, west side of the property, which in some sections is less than the required 1.2 metres in height and has 2 1/2 inch mesh and surrounded by approximately 100 feet of cedar trees extending approximately 5 feet in depth on both sides of the chain link fence. Direct and require that existing fence and cedars 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, Fences, or its successor by-law.