Request for a Fence Exemption to the Toronto Municipal Code, Chapter 447 - 62 Clement Road

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The decision

2021-11-22 · Etobicoke York Community Council · amended

As filed

The Etobicoke York Community Council: 1. Granted the application for a fence exemption permit the south east and west fences to a maximum height to the top of the lower lattice unit and rail at 2.08 metres, and the north fence to remain in the existing condition. 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.

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2. Requested staff to make arrangements with the applicant for a reasonable compliance grace period up to March 31, 2022 in consideration of seasonal factors, the availability of materials and personal circumstances.

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 62 Clement Road for a site-specific Fence Exemption, pursuant to Section 447-1.5(B) 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 the standards stipulated by Section 447-1.3(B)(1) of the bylaw.

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The fence exceeds the allowed height limits on all sides of the rear yard. The fence material is wood with a double lattice on top.

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 62 Clement Road, for a fence that fails to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences and to issue a notice to the property owner to bring the fence into compliance. OR 2. Grant the application for a fence exemption permit (with or without conditions), thereby allowing the fence to be installed as.

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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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