Item - 2024.NY10.20

Tracking Status

This item was considered by North York Community Council on January 24, 2024 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.
See also NY9.7
See also NY3.25

NY10.20 - 139 Duncairn Road - Application for Fence Exemption - Re-opening of item NY3.25

Decision Type:: ACTION

Status:: Amended

Schedule Type:: Delegated

Ward:: 16 - Don Valley East

Public Notice Given

Community Council Decision

The North York Community Council:

1. Granted the application for an exemption permit, by 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 bylaw.

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 to 5 from the Manager, Municipal Licensing and Standards, East District, on 139 Duncairn Road - Application for Fence Exemption
https://www.toronto.ca/legdocs/mmis/2024/ny/bgrd/backgroundfile-242038.pdf

Communications

(January 24, 2024) E-mail from Amin Nizami (NY.New)

Speakers

Angela A

Motions

Motion to Amend Item moved by Councillor Jon Burnside (Carried)

That:

1. North York Community Council grant the application for an exemption permit, by 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 bylaw.