Item - 2025.NY28.2

Tracking Status

  • This item was considered by North York Community Council on December 5, 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.NY26.9

NY28.2 - 35 Wilket Road - 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. Approved the exemption to Chapter 447, Fences, to the property owner of 35 Wilket Road, for the existing fence described in the Summary of the report (August 20, 2025) from the South District Manager, Municipal Licensing and Standards, on the condition that any hedges or shrubs along the fence line are maintained to a height no greater than 1.2 metres.

Origin

(August 20, 2025) Report from the South District Manager, Municipal Licensing and Standards

Summary

The Applicant for 35 Wilket Road 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 metres of any driveway shall be an open mesh chain-link fence or of an equivalent open-fence construction for at least 2.4 metres from the lot line at which the driveway begins so as not to obstruct the view of the Boulevard or highway

 

The Applicant for 35 Wilket Road is requesting an exemption for:
- Existing wrought iron double swing gates and fence with precast concrete columns.
- Existing young cedar hedges, in early stages of growth, that acts as a fence.
- Consistent height measurements:


- Wrought iron fence = 1.65 to 1.78 metres
- Cedar hedges = 1.65 metres
- Double swing gates = 2.22 metres
- Precast concrete columns = 1.86 metres


- Maximum height permitted is 1.2 metres
- Precast concrete columns and cedar hedges are obstructing view of boulevard from the driveway.

Background Information

(August 20, 2025) Report and Attachments 1 to 21 from the South District Manager, Municipal Licensing and Standards on 35 Wilket Road - Application for Fence Exemption
https://www.toronto.ca/legdocs/mmis/2025/ny/bgrd/backgroundfile-259700.pdf

Communications

(December 3, 2025) E-mail from Natalie Ast, Overland LLP (NY.Supp)
(December 4, 2025) Submission from Natalie Ast, Overland LLP (NY.Supp)
https://www.toronto.ca/legdocs/mmis/2025/ny/comm/communicationfile-200735.pdf
(December 4, 2025) Letter from Natalie Ast, Overland LLP, on behalf of Mai Thi Nguyen (Cindy Nguyen) and Shane Bell (the “Owner”), being the Owner of the property municipally known as 35 Wilket Road (NY.Supp)
https://www.toronto.ca/legdocs/mmis/2025/ny/comm/communicationfile-199567.pdf

Speakers

Natalie Ast, Overland LLP
Shane Bell

Motions

1 - Motion to Amend Item moved by Councillor Rachel Chernos Lin (Carried)

That:

 

1. Approve the exemption to Chapter 447, Fences, to the property owner of 35 Wilket Road, for the existing fence described in the Summary of the report (August 20, 2025) from the South District Manager, Municipal Licensing and Standards, on the condition that any hedges or shrubs along the fence line are maintained to a height no greater than 1.2 metres.


Motion to Adopt Item as Amended moved by Councillor Lily Cheng (Carried)
Source: Toronto City Clerk at www.toronto.ca/council