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Toronto and East York Community Council · 2022-06-29 · 2022.TE34.66

The filed record

Application for Fence Exemption - 65 Berkshire Avenue

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The decision

2022-06-29 · Toronto and East York Community Council · amended

As filed

The Toronto and East York Community Council: 1. Granted the application for an exemption permit, by the owner(s) of 65 Berkshire Ave, to allow them to maintain the wooden fence with a height of 2.3 meters (7.5 feet) in the rear yard on the northeast property. 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-Fences, or its successor by-law.

On the agenda

As the city filed it

This staff report concerns a matter for which the Toronto and East 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 65 Berkshire Avenue to maintain a wooden fence with a height of 2.3 meters (7.5 feet) in the rear yard on the northeast rear of the property. The fence has a length of approximately 3 meters (9.8 feet) and is abutting 67 Berkshire Avenue.

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The fence consists of pressure treated vertical wood posts. The fence was built for privacy, noise reduction, and light pollution purposes. The fence would be in contravention of the Toronto Municipal Code, Chapter 447-1.2B (1) Table 1 - Maximum Height of Fences. Based on a complaint, a Notice of Violation was issued on February 15, 2022.

Staff recommended

Municipal Licensing and Standards recommends that the Toronto and East York Community Council: 1. Refuse to grant the application for an exemption permit, by the owner(s) of 65 Berkshire Avenue, to allow them to maintain the wooden fence with a height of 2.3 meters (7.5 feet) in the rear yard on the northeast end of the property, which does not comply with the Toronto Municipal Code, Chapter 447, Fences, specifically section 447-1.2B (1) Table 1- Maximum Height of Fences.

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OR 2. Grant the application for an exemption permit, by the owner(s) of 65 Berkshire Ave, to allow them to maintain the wooden fence with a height of 2.3 meters (7.5 feet) in the rear yard on the northeast property. 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.

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