Item - 2026.NY34.52

North York Community Council:

1. Granted the application for a site-specific exemption from Toronto Municipal Code Chapter 447, Fences, to permit the existing wrought iron fence and gates at 21 Caines Avenue with a maximum height of approximately 1.4 metres, on the condition that the pencil cedar located within 2.4 metres of the public highway and adjacent to the driveway be maintained at a maximum height of 1.2 metres at all times to ensure clear sightlines and address the intent of the by-law and that failure to maintain the pencil cedar at or below 1.2 metres may result in enforcement action by Municipal Licensing and Standards under Toronto Municipal Code Chapter 447.

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

The report responds to an application submitted by the property owner of 21 Caines Avenue requesting approval for a site-specific Fence Exemption under Section 447-1.2B(1) of Toronto Municipal Code Chapter 447 - Fences.

The property owner is seeking Council’s permission to maintain a wrought iron fence approximately 1.4 metres in height surrounding the entire perimeter of the property, including the driveway, which contains two gates. The fence is of open-faced construction and does not pose a sightline obstruction. In addition, there is 1 pencil cedar located 2 metres from the driveway on the west side 1.9 metres in height within 2.4 metres of the city lot.

The front yard fence does not comply with the requirements set out in Chapter 447 of the Toronto Municipal Code, which requires that any fence in a front yard; and within 2.4 metres of a lot line abutting a public highway shall not exceed 1.2 metres in height. In addition, no vegetation shall be permitted to grow or object permitted to be placed in such a way as to obstruct the view through a fence.