March 10, 1999

To:Toronto Community Council

From:Angie Antoniou, Manager, Right of Way Management, Transportation Services, District 1

Subject:Maintenance of a Wooden Fence and Construction of a Wrought Iron Fence - 102 Macdonell Avenue (High Park)

Purpose:

To report on the homeowners' request to maintain a wooden fence ranging in height from 1.68 m to 2.0 m, and to construct a 1.2 m high wrought iron fence which exceed the maximum height permitted under Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code. As this is a request for a variance from the by-law, it is scheduled as a deputation item.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

That City Council approve the maintenance of the 1.68 m to 2.0 m high wooden fence and permit the construction of a 1.2 m high wrought-iron fence within the public right of way fronting 102 Macdonell Avenue, subject to the owners entering into an encroachment agreement with the City of Toronto, as prescribed under Chapter 313 of the former City of Toronto Municipal Code.

Comments:

Ms. Maria Trombacco, co-owner of 102 Macdonell Avenue, Toronto, Ontario M6L 2B3, submitted an application on November 24, 1998, requesting permission to maintain a wooden fence ranging in height from 1.68 m to 2.0 m and to construct a 1.2 m high wrought iron fence within the public right of way fronting 102 Macdonell Avenue.

Both fences exceed the 1.0 m height permitted in Chapter 313 of the former City of Toronto Municipal Code.

In letters dated July 23 and November 24, 1998, the applicant has noted that they have obtained the consent and support of the two neighbours abutting their property.

Staff have also inspected the area in the immediate vicinity of this property and have determined that there are other similar installations in the area and that these fences do not impact negatively on the public right-of-way.

Conclusions:

As these fences do not impact negatively on the public right-of-way, the fences should be permitted.

Contact Name and Telephone Number:

Fani Lauzon, 392-7894

Manager

GMH

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