Request for Fence Exemption - Side yard - 10 Old York Mills Road

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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 10 Old York Mills Road 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 be exempt from Chapter 447-1.2.B - Restrictions on Fences - Height, contrary to Section 447-1.2.B of the bylaw.

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The subject property 10 Old York Mills Road is located in Ward 15, on a residentially zoned property. It is an 8-storey condominium building adjacent to a gas station, and is in between Old York Mills Road and York Mills Road. GENERAL LOCATION SPECIFIC LOCATION EXISTING CONSTRUCTION & DEFICIENCY BY-LAW SECTION & REQUIREMENT Side yard Fence along existing concrete retaining wall to the north of the property, abutting York Mills Road. The total length of the fence would be approximately 72 metres. Iron fence 0.90 metres high on top of concrete retaining wall, total height of existing wall and fence from grade at sidewalk level is 1.34 metres. Section 447-1.2.B of Toronto Municipal Code. Fence not in a front yard and within 2.4 metres of a lot-line abutting a public highway. 2.0 metres is the maximum allowable under the bylaw.

Staff recommended

Municipal Licensing & 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 10 Old York Mills Road, side-yard fences for failing to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences. Or, 2. Grant the application for the side-yard fence which exceeds 2m in height without conditions.

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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.

Request for Fence Exemption - Side yard - 10 Old York Mills Road

The decision

As filed

On the agenda

As the city filed it

Staff recommended

On the record

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