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North York Community Council · 2019-11-05 · 2019.NY10.17

The filed record

Request for Fence Exemption - Rear yard - 31 Rykert Crescent

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The decision

2019-11-05 · North York Community Council · amended

As filed

North York Community Council: 1. Refused to grant the application for an exemption permit by the owner(s) of 31 Rykert Crescent for failing to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences, namely the fence is to be made of open mesh chain-link fence or equivalent open-fence construction for at least 2.4 metres to the east side of the driveway and for 2.4 metres to west of the driveway and along the west lot line.

On the agenda

As the city filed it

This staff report is in regards to a matter for which the North York Community Council has delegated authority from City Council to make a final decision. The purpose of this report is to consider an application submitted by the owner(s) of 31 Rykert Crescent for a site-specific Fence Exemption, pursuant to the Toronto Municipal Code, Chapter 447- Fences. The property owner(s) is seeking Council's permission to retain an existing solid wood fence and gates which are within 2.4 metres of a driveway, and be exempt from Chapter 447-1.2.C - Open fence construction required.

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The subject property 31 Rykert Crescent is located in Ward 15, on a residentially zoned property. GENERAL LOCATION SPECIFIC LOCATION EXISTING CONSTRUCTION & DEFICIENCY BY-LAW SECTION & REQUIREMENT Rear Yard Fence and gates along north and west side of property. Solid wood fence including gates across driveway, located within 2.4 metres of a driveway is not open-mesh chain link or similar open fence construction. Chapter 447-1.2.C - Open fence construction required.

Staff recommended

Municipal Licensing and Standards recommends that the North York Community Council give consideration to the exemption application and decide to: 1. Refuse to grant the application for an exemption permit, by the owner(s) of 31 Rykert Crescent for failing to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences, namely; the fence is to be made of open mesh chain-link fence or equivalent open-fence construction for at least 2.4 metres to the east side of the driveway and for 2.4 metres to west of the driveway and along the west lot line.

Show the rest of Staff recommended, 369 more characters as filed

Or, 2. Grant the application for the fence to be retained with solid wooden construction, without conditions. Direct and require that the installation be maintained in good repair without alteration. Direct and require that at such time as replacement of the fence is required that such installation will comply with Municipal Code Chapter 447, or its successor by-law.

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