Construction of a Wooden Fence - 59 Barton Avenue and on
Euclid Avenue (Midtown)
The Toronto Community Council recommends that City Council not approve the request
of the owner of 59 Barton Avenue to construct a wooden fence within the City street
allowance at 59 Barton Avenue and on Euclid Avenue.
The Toronto Community Council submits the following report (February 19, 1998) from
the Director, By-law Administration and Enforcement, City Works Services:
Purpose:
To report on the homeowners' request to construct a wooden fence within the City street
allowance which complies with the height and setback requirements of the City of Toronto
Municipal Code, Chapter 313, Streets and Sidewalks, but is objected to by a neighbour.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendations:
That City Council approve the construction of a wooden fence within the City Street allowance
at 59 Barton Avenue and on Euclid Avenue, 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.
Background:
Councillor Adams has asked me to report on the request to construct this fence.
Comments:
Mr. David Amer, co-owner of 59 Barton Avenue, Toronto, Ontario M5S 2T9, requests
permission to construct a 1.9 metre high wooden fence within the City street allowance on
Barton Avenue and a 1.0 metre high wooden fence within the City street allowance on Euclid
Avenue. The fence, as designed, meets the height and setback requirements of the Municipal
Code.
We have received a letter from an area resident opposing construction of the fence. The resident
notes that the fence would be unsightly due to the length of the property on Barton Avenue.
Because an objection has been received, Municipal Code Chapter 313-33(2) requires that the
application be refused. The applicant may appeal this refusal.
Although Mr. Amer had begun construction of the fence, he has stopped work pending the
outcome of this appeal.
Staff inspected the area in the immediate vicinity of this property and determined that this fence
would be consistent with the streetscape as there are other fences of similar height in the area,
and along Barton and Euclid Avenues.
This property is somewhat unusual, in that the frontage, as defined by the Zoning By-law, is the
shorter lot line (abutting Euclid Avenue), although it is not the side of the property with an
entrance.
Details of this fence and letter from the area resident are on file with my Department.
Conclusion:
As this fence is in compliance with the City of Toronto Municipal Code Chapter 313, and is
consistent with other fences in the area, the fence should be permitted.
Contact Name and Telephone Number:
Fani Lauzon, 392-7894.
The Toronto Community Council reports, for the information of Council, having also had before
it a communication (March 30, 1998) from Ms. Joan MacCallum, and a copy thereof is on file in
the office of the City Clerk.
Councillor Adams declared his interest in the foregoing matter insofar as that he and his spouse
own a corner property and have an encroachment agreement with the City of Toronto regarding a
fence on the municipal boulevard.