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REPORT FOR ACTION
Request for a Fence Exemption - 376 Elm Road Date:
To:
From:
Standards
Wards:
February 3rd, 2017
North York Community Council
Peter Hardisty, North York District Manager, Municipal Licensing &
15 Eglinton- Lawrence
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 for a site-specific Fence Exemption, pursuant to Section 447-2 B
Table 1 of Toronto Municipal Code, Chapter 447- Fences. The property owner is
seeking Community Council's permission to maintain the existing constructed wooden
fences at the present height varies from 2.24 metres to 2.42 metres.
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
376 Elm Road for the constructed wooden fences in lieu of complying with the
requirements for City of Toronto Municipal Code Chapter 447. Direct that second
un-appealable Notices of Violation be issued under City of Toronto Municipal
Code, Chapter 447, Fences.
OR
2. Grant the application for a fence enclosure exemption, without conditions,
thereby allowing the fence to remain. Direct and require that the installation be
maintained in good repair without alteration. Direct and require that at such.time
Staff report for action on Fence Exemption - 376 Elm Road Page 1of4
as replacement of the fence enclosure is required that such installation will
comply with Municipal Code Chapter 447, or its successor by-law.
OR
3. Grant the application for a fence exemption permit, subject to any conditions as
imposed by the North York Community Council. One condition to be considered
is:
That the property owner/applicant is required to file for a fence exemption if a
pool is to be constructed in the future.
FINANCIAL IMPACT
There is no financial impact anticipated in this report.
DECISION HISTORY
There is no history for this location.
COMMENTS
The subject property is a single family dwelling on Elm Road between Rose Avenue
and Old Orchard Crescent in Ward 15 (Attachment# 1).
On May 20, 2016, Municipal Licensing and Standards received a complaint in respect to
the height of the fence at 376 Elm Road.
Subsequently an inspection on June 3rd 2016 revealed that the fence was greater than
the permitted 2.0 meters at the time of inspection. As a result a Notice of Violation was
issued to the owners. On January 24th 2017 an application for a fence exemption was
submitted to Municipal Licensing and Standards.
Municipal Licensing Standards' review of the fence enclosure installations has
determined that it does not comply with Toronto Municipal Code, Chapter 447- Fences,
as detailed in the following chart:
Staff report for action on Fence Exemption - 376 Elm Road Page 2 of4
GENERAL
LOCATION
Rear Yard
SPECIFIC
LOCATION
Rear Yard
North, South
and West
boundary line
fence
DEFICIENCY
The constructed
wooden fences at the
North, South and
West elevations of the
rear yard comprise of
a board on board
fence (Attachment
#2, #3, tt4, #5, #6)
BY-LAW SECTION &
REQUIREMENT*
Section 447-28 Table 1
Fence in flankage yard within
2.4 meters of side lot line and
within 2.4 metres of any
driveway- permitted height
2.0 metres
Fence in flankage yard NOT
within 2.4 meters of side lot
line and within 2.4 metres of
any driveway- permitted
height 2.0 metres
COMMENTS
The fence varies in height from 2.24 metres to 2.42 metres m in height. The Toronto
Municipal Code Chapter 447 permits a maximum of 2.0 metres in the rear and falnkage
yards.
We recommend refusal of the exemption and that the existing fence to comply with all
provisions of the City of Toronto's Municipal Code, Chapter 447- Fences~
Staff report for action on Fence Exemption - 376 Elm Road
Page 3of4
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