139 Duncairn Road - Application for Fence Exemption

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The decision

2023-02-22 · North York Community Council · amended

As filed

North York Community Council: 1. Granted the application for an exemption permit, to the owner(s) of 139 Duncairn Road, to allow them to maintain a fence comprised Eastern White Cedar trees in the front yard of the property which is within 2.4 metres in any direction of the point a driveway intersects the lot line and greater than 1.2 Metres in height. Directed and required that the existing fence be maintained in good repair without alteration.

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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 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 139 Duncairn Road to maintain a fence comprised Eastern White Cedar trees in the front yard of the property which is within 2.4 metres in any direction of the point a driveway intersects the lot line and greater than 1.2 Metres in height.

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This is contrary to what is specified in the Toronto Municipal Code, Chapter 447-1.2C. (1) Open-fence construction required and Section 447 1.2B. (1) Table 1 Item 1 - Fence Height A Notice of Violation was issued on January 17, 2023

Staff recommended

The Manager, Municipal Licensing and Standards, East District recommends that the North York Community Council: 1. Refuse to grant the application for an exemption permit, by the owner(s) of 139 Duncairn Road, to allow them to maintain a fence comprised Eastern White Cedar trees in the front yard of the property which is within 2.4 metres in any direction of the point a driveway intersects the lot line and greater than 1.2 Metres in height.

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This does not comply with the Toronto Municipal Code, Chapter 447, Fences, specifically Section 447-1.2C. (1) Open-fence construction required. It also does not comply with Section 447 1.2B. (1) Table 1 Item 1 - Fence Height OR 2. Grant the application for an exemption permit, by the owner(s) of 139 Duncairn Road, to allow them to maintain a fence comprised Eastern White Cedar trees in the front yard of the property which is within 2.4 metres in any direction of the point a driveway intersects the lot line and greater than 1.2 Metres in height. 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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