Item - 2025.NY25.1

Tracking Status

  • This item was considered by North York Community Council on July 3, 2025 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 2025.NY24.8

NY25.1 - 369 Soudan Avenue - Application for Fence Exemption

Decision Type:
ACTION
Status:
Amended
Schedule Type:
Delegated
Ward:
15 - Don Valley West

Public Notice Given

Community Council Decision

North York Community Council:

 

1. Granted the fence exemption, to the property owner of 369 Soudan Avenue, to maintain a maximum height of 1.54 metres and to be exempt from the requirement of open construction for the first 2.4 metres from the front line.

Origin

(April 10, 2025) Report from the District Manager, Municipal Licensing and Standards, Central District

Summary

The Applicant for 369 Soudan Avenue has requested North York Community Council to exempt their property from the following by-law requirements:

 

City of Toronto Municipal Code Chapter 447-1.2B(1) and Chapter 447-1.2C(1)

 

B. Fence height.

 

1. No fence described in the following Table shall, when measured at any point along its length from the average grade level measured perpendicular to and one meter away on either side of the fence, exceed the height set out in the Table for the fence.

 

Item

Description of Fence

Fence on Single or Multiple residential property

Fence on non-residential property

Hedge, shrub, or other vegetation that acts as fence

1

Fence in a front yard;

 

and within 2.4 metres of a lot line abutting a public highway (public highway does not include a public lane)

1.2 metres

1.2 metres

1.2 metres

 

C. Open-fence construction required.

 

1. Any fence within 2.4 meters of any driveway shall be an open mesh chain-link fence or of an equivalent open-fence construction for at least 2.4 meters from the lot line at which the driveway begins so as not to obstruct the view of the Boulevard or highway

 

The Applicant for 369 Soudan Avenue. is requesting an exemption for their;

 

- Existing cedar hedges, that acts as a fence.

- Average height: 2 metres.

- Blocking the sightline of the boulevard resulting in reduced visibility for vehicles exiting the subject property.

- 6 cedar trees, on private portion, are within 2.4 meters of the boulevard and therefore subject to 447-1.2B(1) and Chapter 447-1.2C(1).

 

Municipal Licensing and Standards Division has inspected the subject property and issued a notice of violation of City of Toronto Municipal Code Chapter 447-1.2B(1) and Chapter 447-1.2C(1). A referral was made to Transportation Services division of the City of Toronto to inspect the publicly owned and privately assumed, transportation right-of-way boulevard.

Background Information

(April 10, 2025) Report and Attachments 1 to 9 from the District Manager, Municipal Licensing and Standards, Central District on 369 Soudan Avenue - Application for Fence Exemption
https://www.toronto.ca/legdocs/mmis/2025/ny/bgrd/backgroundfile-256113.pdf

Communications

(May 23, 2025) E-mail from Eric Crystal (NY.Supp)
(May 27, 2025) E-mail from Kody Giallonardo, Blackthorn Development Corp. (NY.Supp)
https://www.toronto.ca/legdocs/mmis/2025/ny/comm/communicationfile-191034.pdf
(May 27, 2025) E-mail from Joseph Calvieri and Mara Canal (NY.Supp)
(May 29, 2025) E-mail from Nora and Ken Edwards (NY.Supp)
(June 1, 2025) E-mail from Mehdi Ghiyaei (NY.Supp)
(June 2, 2025) E-mail from Laura Comin (NY.Supp)
(June 3, 2025) E-mail from Robert Campbell (NY.Supp)
(June 3, 2025) E-mail from Andrew Stafford and Fiona Lee (NY.Supp)
(June 4, 2025) E-mail from Barbara Snow (NY.Supp)
(June 25, 2025) Submission from Kody Giallonardo, Blackthorn Development Corp. (NY.Supp)
https://www.toronto.ca/legdocs/mmis/2025/ny/comm/communicationfile-193990.pdf
(June 27, 2025) E-mail from Nora and Ken Edwards (NY.Supp)

Speakers

Maurizio Rogato, Blackthorn Development Corp
Kody Giallonardo, Blackthorn Development Corp
Ken Edwards
Mara Canal

Motions

Motion to Adopt Item as Amended moved by Rachel Chernos Lin (Carried)

That North York Community Council:

 

1. Grant fence exemption to maintain a maximum height of 1.54 metres and to be exempt from the requirement of open construction for the first 2.4 metres from the front line.

Source: Toronto City Clerk at www.toronto.ca/council