June 3, 1998

 To:Toronto Community Council

 From:Lesley Watson, Director, By-law Administration and Enforcement, City Works Services

 Subject:Construction of a Wrought Iron Fence and Stone Pillars - Fronting 49 Forest Hill Road and on the Heath Street West Flankage (Midtown)

 Purpose:

 To report on the homeowners= request to construct a fence and pillars which exceed the maximum height permitted under City of Toronto Municipal Code, Chapter 313, Streets and Sidewalks. As this is a request for a variance from the by-law, it is scheduled as a public hearing.

 Funding Sources, Financial Implications and Impact Statement:

 Not applicable.

 Recommendation:

 That City Council approve the construction of the wrought iron fence and pillars within the City boulevard on the Heath Street West flankage of 49 Forest Hill Road, subject to the owners entering into an agreement with the City of Toronto, as prescribed under Chapter 313 of the City of Toronto Municipal Code.

 Comments:

 Mark Hartley Landscape Architects, on behalf of the owners, Mr. Paul Melnuk and Ms. Donna Melnuk of 49 Forest Hill Road, Toronto, Ontario M4V 2L4, submitted an application on May 7, 1998, requesting permission to construct a wrought iron fence and stone pillars within the City boulevard fronting 49 Forest Hill Road and on the Heath Street West flankage.

 A portion of the proposed fence at the front of the property will be 1.3 m high and two proposed stone pillars will be 1.5 m high rather than the maximum height of 1.0 m allowed for in Chapter 313 of the City of Toronto Municipal Code. In a letter dated May 13, 1998, the applicant has requested an exemption to this by-law so that the height of the fence and pillars will correspond with the scale of the house and other landscaping features on the property.

 Staff have also inspected the area in the immediate vicinity of this property and have determined that this fence and pillars would be consistent with the streetscape as there are other fences and pillars of similar height in the area.

Details of this fence and letter from the owners are on file with my Department.

 Conclusions:

 As the fence and pillars are consistent with other installations in the area, the construction of the fence and pillars should be permitted.

 Contact Name and Telephone Number:

 Fani Lauzon, 392-7894

 Director

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