Item - 2025.TE25.28

Tracking Status

This item was considered by Toronto and East York Community Council on September 18, 2025 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.

TE25.28 - 104 Seaton Street - Application for Fence Exemption

Decision Type:: ACTION

Status:: Amended

Schedule Type:: Delegated

Ward:: 13 - Toronto Centre

Public Notice Given

Community Council Decision

The Toronto and East York Community Council:

1. Granted the application for a fence exemption to the property owner of 104 Seaton Street, thereby allowing the existing fences to be maintained as constructed.

2. Directed that at such time when a replacement of the fence is required that such installation will comply with Municipal Code Chapter 447, Fences or its successor by-law.

Origin

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

Summary

The Applicant for 104 Seaton St. has requested Toronto and East York Community Council to exempt their property from the following by-law requirements:

City of Toronto Municipal Code Chapter 447-1.2B(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.

The Applicant for 104 Seaton St. is requesting an exemption for their;

- Existing linear wooden fence on the southern lot line of the rear yard

- Southeastern section (closest to the house) has a measured height of 3.15m for a length of 7.31m

- southwestern section (closest to the rear property line) has a measured height of 2.22m for a length of 4.87m.

- Maximum height permitted is 2m.

Municipal Licensing and Standards Division, due to a separate inspection being conducted, created a pro-active complaint file on November 27th, 2023. The investigation resulted with the subject property owner submitting a fence exemption application on December 18, 2023.

Background Information

(August 20, 2025) Report and Attachments 1-10 and Appendix A from the South District Manager, Municipal Licensing and Standards on 104 Seaton Street - Application for Fence Exemption
https://www.toronto.ca/legdocs/mmis/2025/te/bgrd/backgroundfile-257996.pdf

Communications

(September 10, 2025) E-mail from Kim McKenzie Galvez (TE.Supp)
(September 12, 2025) E-mail from Martyn Pincombe and Lindsay Hamilton (TE.Supp)
(September 15, 2025) E-mail from Monika Dukszta (TE.Supp)

Motions

Motion to Amend Item moved by Councillor Chris Moise (Carried)

That:

1. Toronto and East York Community Council:

a. grant the application for a fence exemption to the property owner of 104 Seaton Street, thereby allowing the existing fences to be maintained as constructed; and

b. direct that at such time when a replacement of the fence is required that such installation will comply with Municipal Code Chapter 447, Fences or its successor by-law.