Item - 2023.TE2.19

Tracking Status

This item was considered by Toronto and East York Community Council on January 26, 2023 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.

TE2.19 - 74 Willow Avenue - Request for Fence Exemption

Decision Type:: ACTION

Status:: Amended

Schedule Type:: Delegated

Ward:: 19 - Beaches - East York

Public Notice Given

Community Council Decision

The Toronto and East York Community Council:

1. Refused to grant the application for an exemption permit, by the owner(s) of 74 Willow Avenue, North and South front yard fence height, for failing to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences.

Origin

(December 5, 2022) 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 74 Willow 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) including Chapter 447 – 1.2C(1) (open Fence construction)

The subject property of 74 Willow Avenue is located in Ward 19, on a residentially zoned property. This property is a single family detached house. The City street line measures 5.79m from the curb inwards towards the property

GENERAL LOCATION	CURRENT/ EXISTING CONSTRUCTION & DEFICIENCY	BY-LAW SECTION & REQUIREMENT
1. Front Yard	The existing board on board fence (between 74 and 76 Willow Ave) located on the private portion of the property, measures as indicated below: 82 inches (2.08m) in height. Allowable height of 47 inches (1.2m) due to the close proximity of the driveway as it is a sight line violation. Street line is 5.79m	Chapter 447– 1.2C(1) Open fence construction
2. Front Yard	The existing board on board wooden fence (between 72 and 74 Willow Ave) located on the private portion of the property measures 77 inches (1.95m)-82 inches (2.08m) in height. With the difference in grade between 10-12 inches (0.2-0.3m) brings the South property line fence into violation as it exceeds to allowable height.	Chapter 447 1.2B(1) Fence height

Background Information

(December 5, 2022) Report and Appendix 1-6 from the District Manager, Municipal Licensing and Standards, Toronto and East York District - Request for Fence Exemption - Front Yard of 74 Willow Avenue
https://www.toronto.ca/legdocs/mmis/2023/te/bgrd/backgroundfile-230849.pdf

Communications

(January 20, 2023) E-mail from Mahjan Joya (TE.Supp)
(January 23, 2023) E-mail from Lynda Macdonald (TE.Supp)
(January 25, 2023) E-mail from Catherine Commins (TE.Supp)
(January 25, 2023) E-mail from Carole Prest (TE.Supp)
(January 25, 2023) E-mail from Bruce McCubbin (TE.Supp)
(January 25, 2023) E-mail from Chris Commins (TE.Supp)
(January 25, 2023) E-mail from Dave Barrey (TE.Supp)

Speakers

Pierre DiGirolamo, Fortress Technology
Paul Lapas
Chris Commins

Motions

1 - Motion to Adopt Item as Amended moved by Councillor Brad Bradford (Carried)

That the Toronto and East York Community Council:

1. Refuse to grant the application for an exemption permit, by the owner(s) of 74 Willow Avenue, North and South front yard fence height, for failing to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences.