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North York Community Council · 2019-03-19 · 2019.NY4.20

The filed record

Request for Fence Exemption - Front/Flankage/Rear yard - 48 Mallow Road

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The decision

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

As filed

North York Community Council: 1. Granted the application for the front and rear fence height, for the property at 48 Mallow Road, without conditions. 2. Directed and requires that the installation be maintained in good repair without alteration. 3. Directed and requires 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.

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 48 Mallow Rd 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 447-2B (1) - Height of the fence exceeds the height permitted by the Chapter, Namely, Wood fence constructed on side and rear yards exceeds maximum height of 2 metres, contrary to Section 447-2 of the bylaw.

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The subject property 48 Mallow Rd is located in Ward 16, on a residentially zoned property. GENERAL LOCATION SPECIFIC LOCATION EXISTING CONSTRUCTION & DEFICIENCY BY-LAW SECTION & REQUIREMENT Rear South side of property, rear yard. Facing Mallow Rd. Fence located behind front wall of the dwelling is higher than 2.0 metres in height at the highest element. Chapter 447, Section 2 B (1) No fence described in the following Table shall, when measured at any point along its length from the average grade level measured perpendicular to and one metre away on either side of the fence, exceed the height set out in the Table for the fence namely maximum fence height 2.0 metres.

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 48 Mallow Rd, front/ and rear fence height for failing to comply with the provisions of Toronto Municipal Code, Chapter 447 Fences and that a second un-appealable Notice of Violation be issued under the City of Toronto Municipal Code Chapter 447 Fences.

Show the rest of Staff recommended, 343 more characters as filed

Or 2. Grant the application for the front and rear fence height 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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