Item - 2025.TE26.17
Tracking Status
- This item was considered by Toronto and East York Community Council on October 22, 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.
TE26.17 - 86 Kilbarry 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 a fence exemption to the property owner of 86 Kilbarry Road, thereby allowing the proposed fence as outlined in the report (September 22, 2025) from the South District Manager, Municipal Licensing and Standards to be 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
Summary
The Applicant for 86 Kilbarry Rd. 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) 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 86 Kilbarry Rd. is requesting an exemption for:
- Proposed fence to be constructed on private portion of the property.
- Consistent height of 1.83 meters
- Constructed with vertical black aluminum picket fence panels.
- Existing hedge, that acts as a fence, located next to the proposed picket
fence, obstructing the sightline immediately adjacent to the front lot line.
Background Information
https://www.toronto.ca/legdocs/mmis/2025/te/bgrd/backgroundfile-258750.pdf
Communications
Motions
That:
1. Toronto and East York Community Council:
a. grant the application for a fence exemption to the property owner of 86 Kilbarry Road, thereby allowing the proposed fence as outlined in the report to be 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.