Application for Fence Exemption - 541 Birchmount Rd

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The decision

2022-06-30 · Scarborough Community Council · amended

As filed

Scarborough Community Council: 1. Granted the application for an exemption permit, by the owner(s) of 541 Birchmount Rd, to allow them to maintain a wooden fence in the front yard that is 1.85 meters (6ft) and does not have open mesh construction and also a fence on the flankage yard that is 2 meters (6.7ft) in height and does not have open mesh construction, is set back from the lot line 2.4 meters (7.8ft) and creates a 45 degree angle allowing for an unobstructed view at the bottom of the driveway.

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Directed and required that the existing fence be maintained in good repair without alteration. Directed and required that at such time as a 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 Scarborough 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 541 Birchmount Road to maintain a wooden fence in the front yard that is 1.85 meters (6ft) and does not have open mesh construction and also a fence on the flankage yard that is 2 meters (6.7ft) in height and does not have open mesh construction, as specified in the Toronto Municipal Code, Chapter 447-1.2B(1) Fence Height and Chapter 447- 1.2C.(1) Open Fence Construction.

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A Notice of Violation was issued on March 11, 2020.

Staff recommended

Municipal Licensing and Standards recommends that the Scarborough Community Council: 1. Refuse to grant the application for an exemption permit, by the owner(s) of 541 Birchmount Rd, to allow them to maintain a wooden fence in the front yard that is 1.85 meters (6ft) and does not have open mesh construction and also a fence on the flankage yard that is 2 meters (6.7ft) in height and does not have open mesh construction, which does not comply with the Toronto Municipal Code, Chapter 447, Fences, specifically section Chapter 447-1.2B(1) Fence Height and Chapter 447- 1.2C.(1) Open Fence Construction.

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OR 2. Grant the application for an exemption permit, by the owner(s) of 541 Birchmount Rd, to allow them to maintain a wooden fence in the front yard that is 1.85 meters (6ft) and does not have open mesh construction and also a fence on the flankage yard that is 2 meters (6.7ft) in height and does not have open mesh construction. Direct and require that the existing fence be maintained in good repair without alteration. Direct and require that at such time as a 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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