2 Amberjack Boulevard - Application for Fence Exemption

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The decision

2022-12-01 · Scarborough Community Council · amended

As filed

Scarborough Community Council: 1. Granted the application for an exemption permit, by the owner(s) of 2 Amberjack Boulevard, to allow them to maintain the 2.3 meter (7.5 feet) fence on the flankage yard, the hedges without open-mesh construction in the front yard and the hedges measuring 1.8 meters (5.9 feet) and 2.3 meters (7.5 feet) in the front yard. 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.

The vote

Adopt Item as Amended · Carried, 5-1

For (5)Gary Crawford, Jamaal Myers, Jennifer McKelvie, Nick Mantas, Paul Ainslie

Against (1)Michael Thompson

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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 2 Amberjack Boulevard, to maintain a wooden fence on the west side flankage yard which is 2.3 meters (7.5 feet) high which exceeds the maximum allowable height of 2.0 meters (6.5 feet) as specified in the Toronto Municipal Code, Chapter 447-1.2B(1) Table 1 - Maximum Height of Fences.

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As well as to maintain front yard hedges that fail to maintain open mesh construction within 2.4 meters (7.8 feet) from the driveway as required in the Toronto Municipal Code, Chapter 447-1.2C(1) Open-Fence Construction. Lastly, the front yard hedges measure 1.8 meters (5.9 feet) and 2.3 meters (7.5 feet) high which exceeds the maximum allowable height of 1.2 meters (4 feet) as specified in the Toronto Municipal Code, Chapter 447-1.2B(1) Table 1 - Maximum Height of Fences. A Notice of Violation was issued on September 1, 2022. The homeowner is requesting this exemption due to multiple safety concerns stemming from occurrences of people hiding from law enforcement in their yard.

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 2 Amberjack Boulevard, to allow them to maintain the 2.3 meter (7.5 feet) fence on the flankage yard, the hedges without open-mesh construction in the front yard and the hedges measuring 1.8 meters (5.9 feet) and 2.3 meters (7.5 feet) in the front yard, all of which do not comply with the Toronto Municipal Code, Chapter 447, Fences, specifically sections 1.2B(1) Table 1 - Maximum Height of Fences and 1.2C(1) Open-Fence Construction.

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OR 2. Grant the application for an exemption permit, by the owner(s) of 2 Amberjack Boulevard, to allow them to maintain the 2.3 meter (7.5 feet) fence on the flankage yard, the hedges without open-mesh construction in the front yard and the hedges measuring 1.8 meters (5.9 feet) and 2.3 meters (7.5 feet) in the front yard. 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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