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North York Community Council · 2019-05-22 · 2019.NY6.31

The filed record

Request for Fence Exemption - Rear and Side Yard - 44 Glenallan Road

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The decision

2019-05-22 · North York Community Council · amended

As filed

North York Community Council: 1. Refused the application for an exemption permit by the owner(s) of 44 Glenallan Road, for failing to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences, namely: rear yard fence height and open-fence construction required within 2.4 metres of a driveway.

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 44 Glenallan 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 447-1.2.B(1) - Fence height and Chapter 447 - 1.2.C - Open-fence construction required.

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The subject property 44 Glenallan Rd is located in Ward 15, on a residentially zoned property. GENERAL LOCATION SPECIFIC LOCATION PROPOSED CONSTRUCTION & DEFICIENCY BY-LAW SECTION & REQUIREMENT Rear yard West side of property, rear yard. Fence between numbers 44 and 42 Glenallan Rd. New wooden board on board fence will form part of a swimming pool enclosure - the pool being located in the rear yard of number 44. There is a varying difference in grade between the properties. The proposed fence would be 2.0 metres in height at the south-west corner on the boundary between the two houses where the grade is similar (adjacent to the driveway of number 42), and rising to 3.0 metres high from grade on the side of number 44. Because of the change in grade between the two properties this would mean the fence when viewed from number 42 would be 2.0 metres at the property line adjacent to Glenallan Rd, graduated to a constant 1.5 metres following the line of their driveway. Chapter 447-1.2.B(1) - Fence height. Rear Yard & Side Yard Fence in south-west corner of property. Proposed fence within 2.4 metres of the driveway of number 42 Glenallan Rd would not 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. Chapter 447 - 1.2.C - Open-fence construction required.

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 44 Glenallan Rd, for failing to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences, namely: Rear yard fence height and open-fence construction required within 2.4 metres of a driveway.

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Or, 2. Grant the application for the rear yard fence to be constructed contrary to the bylaw, namely: Rear yard fence height and open-fence construction required within 2.4 metres of a driveway, 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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