Request for a Fence Exemption to the Toronto Municipal Code, Chapter 447 - 102 Lomar Drive

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The decision

2021-05-17 · Etobicoke York Community Council · amended

As filed

The Etobicoke York Community Council: 1. Granted the application for a fence exemption permit, with the condition that the 5 lattice panels, that exceed the 2m in height that have been installed since the application submission be removed; allowing the wooden posts to be present with no modification. The applicant may attach a net across all 5 panels and wooden posts during basketball play and be removed post play. Direct and require that the installation be maintained in good repair without further alteration after these panels are removed.

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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 concerns a matter for which the Etobicoke-York Community Council has delegated authority from City Council to make a final decision. The purpose of this report is to advise Council concerning an application by the property owner of 102 Lomar Drive for a site-specific Fence Exemption, pursuant to Section 447-5.C of Toronto Municipal Code, Chapter 447- Fences. The property owner is seeking Council's permission to allow for the existing fence, which does not comply with maximum fence height restrictions stipulated by Section 447-1.2(B) of the bylaw.

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The fence is located in the rear yard on the north property line and forms a barrier to the neighbouring property. Some parts of the fence exceed the allowed height limitation. The fence material is wood, board on board with a lattice on top. The application is based on a complaint that was received by and investigated by Municipal Licensing and Standards.

Staff recommended

The District Manager, Municipal Licensing and Standards, West District recommends that the Etobicoke York Community Council: 1. Refuse to grant the application for an exemption permit, by the property owner of 102 Lomar Drive, for a fence that fails to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences and to issue a second notice to the property owner to bring the fence into compliance. OR 2. Grant the application for a fence exemption permit, without conditions, thereby allowing the fence to be maintained as constructed.

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Direct and require that the installation be maintained in good repair without alteration. 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 record

The item as the City filed it

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