Application for Fence Exemption - 438 Heath Street East

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The decision

2022-02-23 · North York Community Council · amended

As filed

North York Community Council: 1. Granted the application by the owner(s) of 438 Heath Street East, to maintain the existing chain link fence in the rear yard, west side of the property, which in some sections is less than the required 1.2 metres in height and has 2 1/2 inch mesh and surrounded by approximately 100 feet of cedar trees extending approximately 5 feet in depth on both sides of the chain link fence. 2. Directed and required that existing fence and cedars be maintained in good repair without alteration.

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3. Directed and required that at such time as replacement of the fence is required that such installation will comply with Municipal Code Chapter 447, Fences, or its successor by-law.

On the agenda

As the city filed it

This staff report concerns 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 by the owner(s) of 438 Health Street East, to maintain a chain link fence in the rear yard on the west side of the property which has 2 ½ inch mesh surrounded by approximately 15 feet high/100 feet long cedars, which extend approximately 4 - 5 feet in depth on both sides of the chain link fence.

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Also, to maintain the same chain link fence, which is less than 1.2 metres in height in a few sections. The chain link fence height and location between the cedars are forming part of a pool enclosure does not meet the requirements of a pool enclosure as specified in the Toronto Municipal Code, Chapter 447-1.3 - Fences. A Notice of Violation was issued on September 15, 2021.

Staff recommended

Municipal Licensing and Standards recommends that the North York Community Council: 1. Refuse to grant the application for an exemption permit, by the owner(s) of 438 Heath Street East, to allow them to maintain both the chain link fence with 2 1/2 inch mesh located between the existing cedars, and in some sections measures less than the required 1.2 metres in height, which does not comply with the Toronto Municipal Code, Chapter 447, Fences, specifically section 447-1.3 Table 3 - Minimum Standards for Chain-Link Fence Construction.

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OR 2. Grant the application by the owner(s) of 438 Heath Street East, to maintain the existing chain link fence in the rear yard, west side of the property, which in some sections is less than the required 1.2 metres in height and has 2 1/2 inch mesh and surrounded by approximately 100 feet of cedar trees extending approximately 5 feet in depth on both sides of the chain link fence. Direct and require that existing fence and cedars 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, Fences, or its successor by-law.

On the record

The item as the City filed it

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