Item - 2022.TE34.66

Tracking Status

This item was considered by Toronto and East York Community Council on June 29 and 30, 2022 and was adopted with amendments. City Council has delegated authority for this matter to the Toronto and East York Community Council and therefore, the decision is final.

TE34.66 - Application for Fence Exemption - 65 Berkshire Avenue

Decision Type:: ACTION

Status:: Amended

Schedule Type:: Delegated

Ward:: 14 - Toronto - Danforth

Community Council Decision

The Toronto and East York Community Council:

1. Granted the application for an exemption permit, by the owner(s) of 65 Berkshire Ave, to allow them to maintain the wooden fence with a height of 2.3 meters (7.5 feet) in the rear yard on the northeast property. Directed and required that the existing fence be maintained in good repair without alteration. Directed and required that at such time as a replacement of the fence is required that such installation will comply with Municipal Code Chapter 447-Fences, or its successor by-law.

Origin

(May 30, 2022) Report from the Manager, Municipal Licensing and Standards, Central District

Summary

This staff report concerns 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 by the owner(s) of 65 Berkshire Avenue to maintain a wooden fence with a height of 2.3 meters (7.5 feet) in the rear yard on the northeast rear of the property. The fence has a length of approximately 3 meters (9.8 feet) and is abutting 67 Berkshire Avenue. The fence consists of pressure treated vertical wood posts. The fence was built for privacy, noise reduction, and light pollution purposes. The fence would be in contravention of the Toronto Municipal Code, Chapter 447-1.2B (1) Table 1 – Maximum Height of Fences. Based on a complaint, a Notice of Violation was issued on February 15, 2022.

Background Information

(May 30, 2022) Report and Attachments 1-3 from the Manager, Municipal Licensing and Standards, Central District - Application for Fence Exemption - 65 Berkshire Avenue
https://www.toronto.ca/legdocs/mmis/2022/te/bgrd/backgroundfile-226760.pdf
GIS Map for 65 Berkshire Avenue
https://www.toronto.ca/legdocs/mmis/2022/te/bgrd/backgroundfile-226761.pdf

Communications

(June 28, 2022) E-mail from Georgia Nevison (TE.Supp)

Motions

1 - Motion to Adopt Item as Amended moved by Councillor Paula Fletcher (Carried)

That the Toronto and East York Community Council:

1. Grant the application for an exemption permit, by the owner(s) of 65 Berkshire Avenue, to allow them to maintain the wooden fence with a height of 2.3 meters (7.5 feet) in the rear yard on the northeast property. Direct and require that the existing fence be maintained in good repair without alteration. Direct and require that at such time as a replacement of the fence is required that such installation will comply with Municipal Code Chapter 447-Fences, or its successor by-law.