Item - 2026.EY30.9

The Etobicoke York Community Council:

1. Granted the application for a fence exemption permit to the property owners of 87 Delemere Avenue, thereby allowing the current fence to be maintained.

2. Directed and required that the existing fence be maintained in good repair without alteration and that at such time as replacement of the fence is required that such installation will comply with Municipal Code Chapter 447, Fences, or its successor by-law.

3. Authorized the General Manager, Transportation Services to enter into an encroachment agreement with the property owner of 87 Delemere Avenue, to permit the maintenance of the existing wooden privacy fence that ranges from approximately 2.0 to 2.5 metres in height, subject, but not limited to the following conditions:

a. The property owner will indemnify the City of Toronto from and against all actions, suits, claims or demands and from all loss, costs, damages, and expenses that may result from such permission granted;

b. The property owner will maintain the subject fence at their own expense in good repair and a condition satisfactory to the General Manager of Transportation Services and will not make any additions or modifications to the encroachment beyond what is allowed under the terms of the Agreement;

c. The property owner will accept such additional conditions as the City Solicitor or the General Manager of Transportation Services may deem necessary in the interest of the City;

d. The property owner will remove the subject fence upon receiving written notice from Transportation Services to do so;

e. The property owner will enter into an encroachment agreement with the City of Toronto, at the applicant's expense, and assume all liability and damages related to the encroachments;

f. The property owner will alter the wooden privacy fence to provide a 3.0 metre x 3.0 metre vision splay (i.e., at a 45-degree angle) at the southwest corner of their property; and

g. No spikes or pointed tops are permitted on the fence, gate or pillars.

This staff report concerns a matter for which the Etobicoke York Community Council has delegated authority from City Council to make a final decision.

This report responds to an application submitted by the property owner of 87 Delemere Avenue requesting approval for a site-specific Fence Exemption under Section 447-1.2B(1) of Toronto Municipal Code Chapter 447 – Fences.

The purpose of this report is to advise Community Council of the request to permit an existing fence that does not comply with the maximum height requirements of Chapter 447.

The property owner is seeking Community Council’s permission to maintain:

- An existing wood fence along the south lot line with a height of 2.47 metres; and

- A post-and-frame structure around the gate with a height of 2.14 metres

This staff report is about a matter that Community Council has delegated authority from City Council to make a final decision.

The purpose of this report is for Etobicoke York Community Council to consider an appeal from the property owner of 87 Delemere Avenue regarding their encroachment application. The encroachment consists of an existing wooden privacy fence that does not comply with City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use Of. The fence measures approximately 2.0 metres in height along the flankage and 2.5 metres at the rear.

The property owner is seeking authorization from the Etobicoke York Community Council to allow the continued maintenance of the wooden privacy fence within the public right-of-way at 87 Delemere Avenue. Transportation Services does not recommend that authority be granted.