Kimberley Kilburn, Acting District Manager, Municipal Licensing and Standards. Municipal Licensing and Standards Folder # FEN 00 IR

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1 STAFF REPORT ACTION REQUIRED Application for Fence Exemption 40 Rabbit Lane Date: October 20, 2015 To: From: Wards: Reference Number: Etobicoke York Community Council Kimberley Kilburn, Acting District Manager, Municipal Licensing and Standards Ward 3 - Etobicoke Centre Municipal Licensing and Standards Folder # FEN 00 IR SUMMARY This staff report is in regards to 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 consider an application submitted by the owner of 40 Rabbit Lane to maintain an existing garbage enclosure constructed of solid board fence which does not meet the requirements specified in City of Toronto Municipal Code, Chapter 447, Fences. RECOMMENDATIONS Municipal Licensing and Standards recommends that the Etobicoke York Community Council give consideration to the exemption application and decide to: 1. Refuse the application for an exemption submitted by the owner of 40 Rabbit Lane, to maintain the existing garbage enclosure of solid board fence construction, which does not comply with provisions of City of Toronto Municipal Code, Chapter 447, Fences, and 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 the exemption, to retain the height of the fence, and require that the solid board fence garbage enclosure be maintained in good repair Fence Exemption 40 Rabbit Lane. 1

2 without alteration. In addition, that the applicant enters into an encroachment agreement or seeks to expand the existing agreement on file with Transportation Services to include this enclosure, if deemed necessary by the General Manager, Transportation Services. The applicant to also install a STOP sign and/or advisory sign such as "Watch for Pedestrians" on the enclosure to the satisfaction of the General Manager, Transportation Services. The sign(s) shall be installed on private property and be situated in such a way as to provide warning/guidance to vehicles exiting the parking lot. At such time as replacement of the fence is required that the replacement fence will comply with Toronto Municipal Code Chapter 447 and Toronto Municipal Code Chapter 743, or its successor by-law(s). Financial Impact The recommendations in this report have no financial impact. DECISION HISTORY An application for a fence exemption was submitted by the property owner of 40 Rabbit Lane. The solid board fence garbage enclosure is located in the north east corner of the north parking lot directly adjacent to the lot line within the driveway on the North side of the property. Accordingly, all required notifications have been sent in accordance with Toronto Municipal Code Chapter 447, by the City Clerk's office advising of the date that the application for the exemption will be considered by Etobicoke York Community Council. (Attachment 1) ISSUE BACKGROUND The property was investigated as a result of a complaint. It was determined that the fence does not comply with Toronto Municipal Code Chapter 447. The following chart indicates the violations and relevant sections of Toronto Municipal Code Chapter 447, Fences: LOCATION ORIENTATION VIOLATION SECTION North East Side of Property (Garbage screening enclosure) North East corner of the North parking lot directly adjacent to the lot line within the driveway on the North side of the property Any fence within 2.4 metres of any driveway shall be an open mesh chain-link fence or of an equivalent open-fence construction for at least 2.4 metres from the lot line at which the driveway begins so as not to obstruct the view of the boulevard or Highway. 2C.(1) Fence Exemption 40 Rabbit Lane. 2

3 LOCATION ORIENTATION VIOLATION SECTION Front yard North East corner of the North parking lot directly adjacent to the lot line within the front yard on the North side of the property Fence as defined (Solid Board Garbage Enclosure) is in excess of the permitted maximum 1.2 metre height. 2.B.(1) Transportation Services has been consulted and has advised that the enclosure encroaches 0.6 meters into the City's right of way and is therefore in contravention of the Toronto Municipal Code Chapter 743, in that the height exceeds the allowable 0.9m by approximately 1.7 meters. However Transportation Services has suggested that if the Committee approves this application, that the approval is subject to the installation of the advisory signs, as suggested in Recommendation 2. COMMENTS The subject fence is in violation of City of Toronto Municipal Code Chapter 447- Fences, and as a result staff recommends the application be refused due to the number of noncompliant features associated with the installation. However, should Etobicoke York Community Council decide to grant the owner the exemption, the owner will be subject to the conditions for compliance as set out in Recommendation 2. CONTACT Warwick R. Perrin Municipal Licensing and Standards Etobicoke York District Tel: Fax: wperrin@toronto.ca SIGNATURE Kimberley Kilburn, District Manager (Acting) Municipal Licensing and Standards Etobicoke York District Fence Exemption 40 Rabbit Lane. 3

4 ATTACHMENTS Attachment 1: Attachment 2: Attachment 3: Attachment 4: View of properties adjacent to 40 Rabbit Lane. Ariel view showing front yard, driveway and location of garbage enclosure. Photograph showing height, width, distance from roadway and proximity to side walk. Photographs showing the length of the garbage enclosure and the proximity to the Side walk Fence Exemption 40 Rabbit Lane. 4

5 Attachment 1: View of properties adjacent to 40 Rabbit Lane. Fence Exemption 40 Rabbit Lane. 5

6 Attachment 2 Ariel photograph of 40 Rabbit Lane Showing Front Yard, Driveway & location of Garbage Enclosure. Existing Garbage Enclosur DRIVEWAY FRONT YARD Fence Exemption 40 Rabbit Lane. 6

7 Attachment 3 Photograph of Garbage Enclosure Showing Height, Width & Distance from Roadway & how the structure obstructs the view of the side walk metres 3.37 metres 5.2 metres Fence Exemption 40 Rabbit Lane. 7

8 Attachment 4 Photograph of Garbage Enclosure showing the length and the proximity to the Side walk metres Fence Exemption 40 Rabbit Lane. 8