STAFF REPORT
ACTION REQUIRED
Application for Fence Exemption
54 Argyle Street
Date:
October 20, 2015
To:
Toronto & East York Community Council
From:
Joe Magalhaes, District Manager, Municipal Licensing and Standards
Wards:
Ward 19 – Trinity-Spadina
Reference
Municipal Licensing and Standards Folder No. 14 201590
Number:
SUMMARY
This staff report is in response to an application submitted by the owner of 54 Argyle
Street to maintain a closed board on board wood fence measuring 1.52 metres (5 feet) in
height and approximately 10.36 (34 feet) in length on the west side of the property and
within 2.4 metres of a driveway. In addition, to maintain along the front east elevation a
stone water feature measuring 1.78 metres (5'.8" feet) in height and 1.6 metres (5'2"feet)
in length. Also, running along the front east elevation a board on board wood frame
fence on the front east elevation measuring 1.47 meters (4'8" feet) in height and 6.3
metres (20' 6" feet) in length leading to the sidewalk. It should be noted that both board
on board fence' encroach on City Property. This matter is to be heard by the Toronto
East York Community Council who has delegated authority from City Council to make a
final decision.
RECOMMENDATIONS
Municipal Licensing and Standards recommends that the Toronto and East York
Community Council:
1.
Refuse the request for a fence exemption submitted by the property owner of 54
Argyle Street in that the fence(s) and water feature do not comply with the
requirements within the Toronto Municipal Code Chapter 447 - Fences.
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54 Argyle Street
2.
Direct the Municipal Licensing & Standards Staff to enforce of the Notice of
Violation that has been issued under the City of Toronto Municipal Code, Chapter
447 – Fences.
3.
Should Toronto & East York Community Council grant the fence exemption
application as submitted, require the property owner of 54 Argyle Street to enter
into an encroachment agreement with Transportation Services (Right of Way
Management) for the portion of the fence(s) that are located within City Property.
It should also be noted fence on the west elevation does pose a sightline
obstruction to oncoming vehicle and pedestrian traffic, as a portion of the fence
within 2.5 metres of a driveway.
FINANCIAL IMPACT
There are no financial implications resulting from the adoption of this report.
ISSUE BACKGROUND
The Municipal Licensing and Standards Division received a complaint regarding the
height of a fence(s) located in the front yard of 54 Argyle Street. A Notice of Violation
was issued based on the height of the fence(s) and water feature. Subsequently an
application was received requesting to be exempt from the Fence By-law, by allowing the
board on board fence(s) and water feature to exceed the provisions of the height
requirements. See attachments 1, 2, 3 & 4.
COMMENTS
The provisions of Toronto Municipal Code, Chapter 447, Fences, Section 447-2B, Table
1, regulate the maximum height of a fence located within the front yard.
Toronto Municipal Code, Chapter 447 Fences, Section 447-2 C (1) states: 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.
It is noted that part of the fence at 54 Argyle Street, is encroaching on the City Right of
Way. The property owner must entered into an encroachment agreement with
Transportation Services (Right of Way Management) for this portion of fence. The fence
in question does pose a sightline obstruction to oncoming vehicle and pedestrian traffic.
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54 Argyle Street
CONTACT
Joy Correia, Supervisor
Municipal Licensing and Standards
Toronto East York District
Tel: 416-394-8034 Fax: 416-392-0384
E-mail: [email protected]
SIGNATURE
_______________________________
Joe Magalhaes, District Manager
ATTACHMENTS
Attachment 1: - GIS view of property
Attachment 2, 3 & 4: Before and After Photographs provided by the applicant.
Attachment 5: - Photograph showing fence adjacent to driveway.
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54 Argyle Street
Attachment 1
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54 Argyle Street
Attachment 2
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54 Argyle Street
Attachment 3
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54 Argyle Street
Attachment 4
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54 Argyle Street
Attachment 5
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54 Argyle Street