Item - 2023.NY3.25

Tracking Status

This item was considered by North York Community Council on February 22, 2023 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.

NY3.25 - 139 Duncairn Road - Application for Fence Exemption

Decision Type:: ACTION

Status:: Amended

Schedule Type:: Delegated

Ward:: 16 - Don Valley East

Public Notice Given

Community Council Decision

North York Community Council:

1. Granted the application for an exemption permit, to the owner(s) of 139 Duncairn Road, to allow them to maintain a fence comprised Eastern White Cedar trees in the front yard of the property which is within 2.4 metres in any direction of the point a driveway intersects the lot line and greater than 1.2 Metres in height. 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

(January 30, 2023) 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 139 Duncairn Road to maintain a fence comprised Eastern White Cedar trees in the front yard of the property which is within 2.4 metres in any direction of the point a driveway intersects the lot line and greater than 1.2 Metres in height. This is contrary to what is specified in the Toronto Municipal Code, Chapter 447-1.2C. (1) Open-fence construction required and Section 447 1.2B. (1) Table 1 Item 1 – Fence Height

A Notice of Violation was issued on January 17, 2023

Background Information

(January 30, 2023) Report and Attachments 1 - 5 from the Manager, Municipal Licensing and Standards, East District on 139 Duncairn Road - Application for Fence Exemption
https://www.toronto.ca/legdocs/mmis/2023/ny/bgrd/backgroundfile-234397.pdf

Communications

(February 21, 2023) Submission from Angela A. (NY.Supp)
(February 21, 2023) E-mail from Amin Nizami (NY.Supp)

Motions

Motion to Adopt Item as Amended moved by Councillor Jon Burnside (Carried)

That North York Community Council:

1. Grant the application for an exemption permit, to the owner(s) of 139 Duncairn Road, to allow them to maintain a fence comprised Eastern White Cedar trees in the front yard of the property which is within 2.4 metres in any direction of the point a driveway intersects the lot line and greater than 1.2 Metres in height. 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.