~TORO•
REPORT FOR ACTION
Application for Fence Exemption 40 Park Lane Circle
April 3, 2017
North York Community Council
From: Peter Hardisty, District Manager Municipal Licensing and Standards
Wards: Ward 25- Don Valley West
Date:
To:
SUMMARY
This property was previously in North York Community Council September 16, 2016,
the fence exemption was refused. It was also in Community Council February 22, 2017
when it was refused as well. The Homeowners have now submitted two new fence
designs A and 8, which are presented in this report.
This staff report is in regards to 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 consider an application submitted by the owner of 40
Park Lane Circle to propose a wrought iron fence in the front yard. The wrought iron
fence does not meet the requirements specified in City of Toronto Municipal Code,
Chapter 447, Fences.
RECOMMENDATIONS
Municipal Licensing and Standards recommends that the North 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 Park Lane
Circle, to erect a proposed wrought iron fence in the front yard, 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 exemption to permit the proposed wrought iron fence in the front yard to be
erected in the same condition without alteration. At such time as replacement of the
fence is required that the replacement fence will comply with Municipal Code Chapter
447, or its successor by-law.
Application for Fence Exemption 40 Park Lane Circle
Page 1of9
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. To permit
the erection of a wrought iron fence in the front yard, that does not comply with the TMC
447- Fences. Accordingly, all required notifications have been sent in accordance with
Municipal Code Chapter 447, by the City Clerk's office of the date that the application
for exemption will be considered by North York Community Council. (Attachment 1)
COMMENTS
This application was submitted on the Homeowners own volition, due to the fact that the
proposed wrought iron fence in the front yard does not comply with the provisions of
Toronto Municipal Code Chapter 447- Fences.
LOCATION
Front Yard
ORIENTATION
DEFICIENCY
BY-LAW SECTION*
Northeast side
of
Property
The proposed wrought
iron fence in the front
yard will measure
approximately 2. 7
meters in height at its
tallest point when
constructed
28.(1)
The Fence Exemption application was submitted by the owner of 40 Park Lane Circle
on the grounds that the fence will provide the privacy, safety, security and is
aesthetically pleasing. There are no health and safety issues with the fence that would
cause concern for public safety.
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
recommendation 2.
Application for Fence Exemption 40 Park Lane Circle
Page 2of9
CONTACT Gail Pryce
Municipal Licensing and Standards
North York District
Tel : 416-396-7431 Fax: 416-395-7056
Email: [email protected]
SIGNATURE
Peter Hardisty, District Manager
Municipal Licensing and Standards
North York District
Tel:416-397-7604 Fax: 416-395-7056
Email: [email protected]
ATTACHMENTS:
1.
2.
3.
4.
5.
6.
View of properties in 60 meter radius of 40 Park Lane Circle
Proposed Fence September 2016 and February 2017
New revised proposed Fence Pl an A
New revised proposed Fence Street view Plan A
New revised proposed Fence Plan B
New revised proposed Fence Street view Plan A
Application for Fence Exemption 40 Park Lane Circle
Page 3 of 9
Attachment 1: View of properties in 60 meter radius of 40 Park Lane Circle
~;
~
~
';/
"·
"'"'
.,,
..)_ ' .ii
'
..
.,.­
/
.,,,,"
(I ·
)
~
•l!
,j)'·/
•
~
,,. ii
·~'I
~
\
~
,.
\ ~1~
·~
\~
·~
.
l\j
,
J
r
'fl, •t"
_;J
u
"1
I
Application for Fence Exemption 40 Park Lane Circle
~
s;
~
jf>arcelCoontl
Page 4 of 9 '
I
~
Attachment 2: Proposed Fence at North York Community Council September 2016 and
February 2017.
,.,,,
t:>
0
c
c(")
m
c
Q
( ~
IL.
it
0
~
(,)
::>
Q
w
ce
-0
~
/\
~o
~
~
>
~
Ul
'S
0
m
en
~
~
(/)
w
Q
m
s
n
z
0
m
c
i
0
c
~
(
l
<
)o
~
"D
~
w
(,)
0
Q
c:
~
0
:>
iG.
Application for Fence Exemption 40 Park Lane Circle
Page 5 of 9
Attachment 3: New revised proposed Fence Plan A
(
. '"r ...
r ;
t!o·
4
'
(
Qi'
1- 1
;\
i
~
ll I
U1 1111 It
ll
16CO
Application for Fence Exemption 40 Park Lane Circle
!l'L
•
i9l0
Page 6 of 9 l°'f
3-)(i()
.._
Q) Q) -
Q)
Ci)
Q)
c
()
u..
en
Q)
"'O
0
2
a.
~
Cl..
z
1­
~
w
0
I
~
~ ~ 0
~ ~ "'"'C: y
&
0
::r
c0
~
~
LlJ
1
Attachment 5: New revised proposed Fence Plan B
- ~
~, ,
_!!;!) ·· - -·
(
C\
Application for Fence Exemption 40 Park Lane Circle
Page 8 of 9 Attachment 6: New revised proposed Fence Street view Plan B
Application for Fence Exemption 40 Park Lane Circle
Page 9 of 9