Request for Fence Exemption - 52 Axsmith Crescent

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The decision

2020-02-05 · North York Community Council · amended

As filed

North York Community Council: 1. Granted the exemption to permit the property owners of 52 Axsmith Crescent to preserve the existing horizontal board on board fence in the front yard to be maintained in the same condition, subject to the following conditions: a. that the applicant bring the fence into height compliance, at a height deemed appropriate by Municipal Licensing and Standards; and b. that the applicant move back the fence to or behind the City of Toronto property line.

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2. Directed that, at such time as replacement of the fence is required, the replacement fence will comply with Municipal Code Chapter 447, Fences, 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 property owners of 52 Axsmith Crescent to maintain an existing horizontal board on board fence in the front yard. The Horizontal board on board fence does not meet the height and construction requirements specified in City of Toronto Municipal Code, Chapter 447, Fences.

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LOCATION ORIENTATION DEFICIENCY BY-LAW SECTION* Front Yard North side of property Fence in front yard within 2.4 metres of front lot line must not exceed 1.2 meters in height Section 447-2B.(1) Maximum height of fence in front yard 1.2 metre Front Yard North side of property 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 447-2C.(1) Construction must be open mesh or equivalent open-fence construction as not to create a sight line obstruction.

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 52 Axsmith Crescent to maintain the existing horizontal board on board fence in the front yard, which does not comply with the height and construction provisions of City of Toronto Municipal Code, Chapter 447, Fences, and direct that a second unappealable Notice of Violation be issued under City of Toronto Municipal Code, Chapter 447, Fences.

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Or, 2. Grant the exemption to permit the property owners of 52 Axsmith Crescent to preserve the existing horizontal board on board fence in the front yard to 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.

On the record

The item as the City filed it

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