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North York Community Council · 2019-03-19 · 2019.NY4.19

The filed record

Application for Fence Exemption - 8 Forest Heights Boulevard

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The decision

2019-03-19 · North York Community Council · amended

As filed

North York Community Council: 1. Refused the application for an exemption submitted by the property owners of 8 Forest Heights Boulevard to maintain a front yard board-on-board fence on the north west corner of the property, which is within 2.4 metres of a driveway and is also above the permitted height of 1.2 metres and the front yard west side of the property along Bayview Avenue that is 2.4 metres in height whereas the permitted height is 1.2 metres, as those sections of fencing do not comply with provisions of City of Toronto Municipal Code, Chapter 447, Fences.

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2. Directed that a second unappealable Notice of Violation be issued under City of Toronto Municipal Code, Chapter 447, Fences.

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 owners of 8 Forest Heights Boulevard to maintain two sections of fencing which do not meet the requirements specified in City of Toronto Municipal Code, Chapter 447, Fences 1) Front yard board on board fence on the North west corner of the property, which is within 2.4 meters of a driveway.

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This fence should be open fence construction. 2) Front yard west side of the property along Bayview Avenue that is 2.4 meters in height, the permitted height is 1.2 meters. The third section of fence has been referred to Right of Way Transportation as it is on public property. The front yard north east side of property exceeds height of 1.2 meters permitted in front yard and sight line obstruction. Our colleagues have issued two Notices of Violation the last one sent on September 21, 2018. They have sent several emails to the Agent of the property owners with the last one sent on November 8, 2018. They are currently working on the situation with the Agent to have the property owners come into compliance with their Notices of Violation. The subject property 8 Forest Heights Boulevard is located in Ward 15, in a residential zone. LOCATION ORIENTATION DEFICIENCY BY-LAW SECTION & REQUIREMENT* 1. Front Yard North West corner of property The fence erected within 2.4 metres of a driveway is not open-fence construction. Fence in front yard above permitted height of 1.2 metres Section 447-2C.(1) Table 1 Any fence within 2.4 metres of any driveway shall be an open mesh chain-link fence or of an equivalent open-fence construction for at least 2.4 metres from the lot line at which the driveway begins so as not to obstruct the view of the boulevard or highway AND Section 447-2B. (1) Fence in a front yard; permitted height 1.2 within 2.4 metres of a lot line abutting a public highway (public highway does not include a public lane 2. Front Yard West side of property along Bayview Avenue The fence erected exceeds height permitted 1.2 metres Section 447-2B.(1) Table 1 Maximum height of fence - 1.2 meter in the front yard

Staff recommended

Municipal Licensing and Standards recommends that the North York Community Council give consideration to the exemption application and decide to: 1. Refuse the application for an exemption submitted by the property owners of 8 Forest Heights Boulevard, to maintain a Front yard board on board fence on the north west corner of the property, which is within 2.4 metres of a driveway and is also above the permitted height of 1.2 metres; Front yard west side of the property along Bayview Avenue that is 2.4 metres in height, the permitted height is 1.2 metres.

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The following sections of fencing, do not comply with provisions of City of Toronto Municipal Code, Chapter 447, Fences, direct that a second unappealable Notice of Violation be issued under City of Toronto Municipal Code, Chapter 447, Fences. Or, 2. Grant the exemption to permit the property owners of 8 Forest Heights Boulevard to maintain two sections of fencing; Front yard board on board fence on the north west corner of the property which is within 2.4 metres of a driveway and is also above the permitted height of 1.2 metres; and Front yard West side of the property along Bayview Avenue that is 2.4 metres in height be maintained in the same condition without alteration. At such time as replacement of the fence is required that the replacement fence will comply with Municipal Code Chapter 447, or its successor by-law.

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