Request for a Fence Exemption Connaught Avenue

Transcription

1 ~TORONTO REPORT FOR ACTION Request for a Fence Exemption Connaught Avenue Date: August 1, 2017 To: North York Community Council From: Elena Sangiuliano, District Manager Municipal Licensing & Standards, North District Wards: Ward 23 Willowdale RECEIVED AUG TORONTO NORTH \'ORK CIVIC CENTRE DEPT. SUMMARY 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 advise Community Council concerning an application by the property owner of 129 Connaught Ave. for a site-specific Fence Exemption, pursuant to Section C of Toronto Municipal Code, Chapter 447- Fences. The property owner is seeking Community Council's permission to have the proposed fence which does not comply with maximum fence height and horizontal boards restrictions stipulated in City of Toronto Municipal Code Chapter 447. RECOMMENDATIONS Municipal Licensing & Standards recommends that the North York Community Council: 1. Refuse to grant the application for an exemption permit, by the property owner of 129 Connaught Ave. for the existing fence that fails to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences. Direct that a second unappealable Notice of Violation be issued under City of Toronto Municipal Code, Chapter 447, Fences.or 2. Grant the application for a fence exemption permit, subject to conditions. 129 Connaught Avenue FEN Staff report for action on Fence Exemption Page 1of4

2 FINANCIAL IMPACT There is no financial impact anticipated in this report. DECISION HISTORY No history information noted. COMMENTS The subject property, 129 Connaught Ave. is located in Ward 23. It is composed of a 2 storey dwelling zoned as a single family dwelling RD zone. (Attachment 1 and 2) Municipal Licensing Standards' review of the proposed fence has determined that it does not comply with Toronto Municipal Code, Chapter 447- Fences. as detailed in the following chart: GENERAL SPECIFIC LOCATION DEFICIENCY BY-LAW SECTION & LOCATION REQUIREMENT* West side of Adjacent to West lot Exceeds Height- 2.0 Section (8)(1) property lines; {Attachment3) M Fence in flankage yard within 2.4 meters of side lot line and within 2.4 metres of any driveway. Maximum height 2.0 M Fence in flankage yard within 2.4 meters of side lot line and within 2.4 metres of any driveway Maximum height 2.0 M 129 Connaught Avenue FEN Staff report for action on Fence Exemption Page 2 of 4

3 GENERAL SPECIFIC LOCATION DEFICIENCY BY-LAW SECTION & LOCATION REQUIREMENT* South /West Adjacent to South/ Horizontal boards Section (2)(1) and East side West/ East lot lines; ( Note there is a of property (Attachment 4/5/6) chain link fence Vertical boards shall forming part of the not be less than 19 enclosure for the mm by 89 mm lumber school property and shall be spaced directly behind 129 not more than 38 mm ConnaughtAve,See apart and not more attachment 1 ) 100 mm apart where horizontal rails are at least 1.2 M apart East side of Adjacent to East lot Section (8)(1) property line Fence in flankage yard within 2.4 meters of side lot line and within 2.4 metres of any driveway. Maximum height 2.0 M Fence in flankage yard within 2.4 meters of side lot line and within 2.4 metres of any driveway Maximum height 2.0 M On Feb , a permit was submitted for a pool enclosure. The permit specifically stated no horizontal boards and stipulated the height. The area officer attended to site on May to inspect the pool enclosure and as a result an application for a fence exemption was submitted on May 1 O ML&S received a fence exemption requesting regards to a fence at the West and South and East side of 129 Connaught Ave. that is beyond the allowable height of 2.0 metres in the flankage yard as well as the use of horizontal boards to form part of the pool enclosure. The owner is requesting to have the existing fence used as the pool enclosure contrary to Chapter 447. The owner is requesting this for privacy and esthetics. 129 Connaught Avenue FEN Staff report for action on Fence Exemption Page 3 of 4

4 As required by Section 447-5(C), Municipal Licensing & Standards has responded to the fence exemption application by preparing this report for North York Community Council's consideration, and, the City Clerk has sent all requisite notifications of the date that North York Community Council will consider the application. The proposed fence and violates Toronto Municipal Code Chapter 447 and as a result staff recommends that application be refused due to the number of non-compliant features associated with the installation.. However, should North York Community Council decide to grant the owner the exemption, the owner will be subject to the conditions for compliance as set out in Recommendation1. CONTACT Gabor Fazekas, Supervisor, Municipal Licensing & Standards Division North York District Tel. (416) Fax (416) gfazeka@toronto.ca SIGNATURE Elena Sangiulia o Manager, North rk District ATTACHMENTS Attachment Connaught Ave- Over head view of property. Note School is located directly behind property) Attachment Connaught Ave- Overhead view of property with highlighted area depicting location of fence. Attachment Connaught Ave- West lot exterior of property with measurements Attachment Connaught Ave- South side of property Attachment Connaught Ave- View of gap in horizontal boards Attachment Connaught Ave- View of gap in horizontal boards Attachment Connaught Ave- East side of pool enclosure 129 Connaught Avenue FEN Staff report for action on Fence Exemption Page 4 of 4

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6 ~ 0 ~01 I r CJ )> -td -< _o_ - r -en CD 0 - D,j' IJ"V lc.cr4.~'ln~ "' LOT CALCULATIONS; Total backyard i~!lq~ f -Total t-lardscape -:'!_~~ _ -j Total ~cape s~~ 54% i.e J.88 OMVl\3lnoa l~o't'nnod J,.~3rtOOJ) 9L NVld o~si:l3~.ai8 > lh~n U1)atl0 - OtlOL 'ON Nld... ~""'""-.-.. r I No~~$ ARt: TO n~ AL. teae.d WITHIN z-4 Of' AlL ~"' r MTY t me!; ~~..,., BETZ POOLS.. "AL~ofF...J' ReicM Residence 129 Connoughl A vo Tor onto, ON!Sit NJ~ tll!i,.. zrn MN,.. " :r" S ue Pinn

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