55 Allanhurst Drive - Request for a Fence Exemption to the Toronto Municipal Code, Chapter 447

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The decision

2023-09-18 · Etobicoke York Community Council · amended

As filed

The Etobicoke York Community Council: 1. Granted the application for a fence exemption permit to the property owners of 55 Allanhurst Drive with the condition that the sight-lines are addressed at the driveways by modifying the corners of the fence to ensure it complies with the open fence requirements of § 447-1.2.C (1), thereby allowing the fence to remain despite the requirements of Section 447-1.5(B) of Toronto Municipal Code, Chapter 447- Fences, as described in the report (May 18, 2023) from the District Manager, Municipal Licensing and Standards, West District.

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2. Required that the installation be maintained in good repair without further alteration and that at such time as replacement of the fence is required that such installation 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 Etobicoke York Community Council has delegated authority from City Council to make a final decision. The purpose of this report is to advise Community Council concerning an application by the property owner of 55 Allanhurst Dr 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 Community Council's permission to allow a fence in the front and side yard that will not comply with the standards stipulated by Section 447-1.2(B)(1).

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The applicant is also seeking permission to keep an existing fence that does not comply with the standards stipulated by Section 447-1.2(B)(1) regarding fence height.

Staff recommended

The District Manager, Municipal Licensing and Standards, West District recommends that Etobicoke York Community Council: 1. Refuse to grant the application for an exemption permit, by the property owner of 55 Allanhurst Dr, for a proposed fence that fails to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences and issue a second and final notice of violation to direct the property owner to bring the fence into compliance.

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OR 2. Grant the application for a fence exemption permit (with or without conditions) to the property owners of 55 Allanhurst Dr, thereby allowing the proposed fence to be installed. 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, Fences, or its successor by-law.

On the record

The item as the City filed it

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