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←Toronto and East York Community Council · 2023-10-18 · 2023.TE8.16

The filed record

104 Gilbert Avenue - Application for Fence Exemption

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The decision

2023-10-18 · Toronto and East York Community Council · deferred

As filed

The Toronto and East York Community Council: 1. Deferred consideration of the item until the November 15, 2023 meeting of the Toronto and East York Community Council.

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 104 Gilbert Avenue to maintain a wooden fence that with a height that ranges from 2.6 meters (8.5 feet) to 3.1 meters (10.1 feet) in the rear yard on the south side of the property. The fence is abutting 102 Gilbert Avenue.

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The fence is for privacy. 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 April 29, 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 104 Gilbert Avenue to maintain a wooden fence with a height that ranges from 2.6 meters (8.5 feet) to 3.1 meters (10.1 feet) in the rear yard on the south side 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 104 Gilbert Avenue to maintain a wooden fence with a height that ranges from 2.6 meters (8.5 feet) to 3.1 meters (10.1 feet) in the rear yard on the south side of the 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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