Item - 2023.TE3.12
Tracking Status
- This item was considered by Toronto and East York Community Council on February 23, 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.
- See also 2023.TE2.20
TE3.12 - 191 Dunvegan Road - Application for Fence Exemption
- Decision Type:
- ACTION
- Status:
- Amended
- Schedule Type:
- Delegated
- Ward:
- 12 - Toronto - St. Paul's
Public Notice Given
Community Council Decision
The Toronto and East York Community Council:
1. Granted the application for an exemption permit, by the owner(s) of 191 Dunvegan Road, to allow them to maintain the soft mesh fence with an approximate height of 3.2 metres (10.49 feet) in the rear yard on the East 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
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 191 Dunvegan Road to maintain a soft mesh fence with a metal frame in the rear yard on the east property: The fence is a basketball screen and has 2 panels with a height of approximately 3.2 meters (10.49 feet). The fence is a safety measure for ball containment to prevent balls from landing onto adjacent properties. 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 May 17, 2022.
Background Information
https://www.toronto.ca/legdocs/mmis/2023/te/bgrd/backgroundfile-234121.pdf
(November 2, 2022) Report and Attachments 1-6 from Manager, Municipal Licensing and Standards, Central District - Application for Fence Exemption -191 Dunvegan Road
https://www.toronto.ca/legdocs/mmis/2023/te/bgrd/backgroundfile-234122.pdf
Communications
(November 29, 2022) Letter from Eileen Costello, Aird and Berlis LLP (TE.Main)
https://www.toronto.ca/legdocs/mmis/2023/te/comm/communicationfile-164035.pdf
(January 20, 2023) Letter from Aird and Berlis LLP on Behalf of Joanne Fox (TE.Main)
https://www.toronto.ca/legdocs/mmis/2023/te/comm/communicationfile-164033.pdf
(January 24, 2023) Letter from Conner Harris on behalf of Rayman Beitchman LLP (TE.Main)
https://www.toronto.ca/legdocs/mmis/2023/te/comm/communicationfile-164031.pdf
(January 25, 2023) E-mail from Naomi Mares on behalf of Aird and Berlis LLP (TE.Main)
Speakers
Conner Harris, Rayman Harris LLP
Motions
That the Toronto and East York Community Council:
2. Grant the application for an exemption permit, by the owner(s) of 191 Dunvegan Road, to allow them to maintain the soft mesh fence with an approximate height of 3.2 metres (10.49 feet) in the rear yard on the East 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.