Re-Opening Item NY11.30: Request for Fence Exemption - 2691 Bayview Avenue

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The decision

2021-01-13 · North York Community Council · amended

As filed

North York Community Council: 1. Refused the application for an exemption submitted by the property owners of 2691 Bayview Avenue to maintain front yard concrete and wrought iron fence on the north east side of the property, which is within 2.4 metres of a driveway and is also above the permitted height of 1.2 metres, which does not comply with the provisions of City of Toronto Municipal Code, Chapter 447, Fences. 2.

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Directed that a second unappealable Notice of Violation be issued under City of Toronto Municipal Code, Chapter 447, Fences.

On the agenda

As the city filed it

North York Community Council had previously considered this item at its meeting on November 4, 2020 and refused the application for a fence exemption. See also items NY11.30 and NY19.15. 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 owners of 2691 Bayview Avenue to maintain a 2.4 meter high concrete and wrought iron fence which is within 2.4 meters of a driveway.

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The fence does not meet the requirements specified in City of Toronto Municipal Code, Chapter 447, Fences. The fence has been referred to Right of Way Transportation as it is on private and public property. Our colleagues have been in touch with the Property owners and have advised them that an encroachment agreement is needed. They are currently working on compliance with the property owners. The subject property 2691 Bayview Avenue is located in Ward 15, in a residential zone. LOCATION ORIENTATION DEFICIENCY BY-LAW SECTION & REQUIREMENT* Front Yard North East side of the property The fence erected within 2.4 meters of a driveway is not open-fence construction. Fence in front yard above permitted height of 1.2 metres Section 447-2C.(1) 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 Section 447-1. 2B.(1) Fence in a front yard; permitted height 1.2 within 2.4 metres of a lot line abutting a public highway (public highway does not include a public lane)

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 2691 Bayview Avenue to maintain front yard concrete and wrought iron fence on the north east side of the property, which is within 2.4 metres of a driveway and is also above the permitted height of 1.2 metres, which does not comply with the provisions of City of Toronto Municipal Code, Chapter 447, Fences.

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Direct that a second unappealable Notice of Violation be issued under City of Toronto Municipal Code, Chapter 447, Fences. Or, 2. Grant the exemption to permit the property owners of 2691 Bayview Avenue to maintain the concrete and wrought iron fencing in the front yard of the property which is within 2.4 metres of a driveway and is also above the permitted height of 1.2 metres, the fence must 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.

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The item as the City filed it

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