Construction of Stone Pillars and Wrought Iron Fence -
40 Burton Road (Midtown)
The Toronto Community Council recommends that:
(1)the following report (August 30, 1999) from the Manager, Right of Way Management, Transportation Services,
District 1 be approved; and
(2)the applicant contribute $1,500.00 to the Urban Forestry Program for the planting of trees on municipal
property in the neighbourhood.
The Toronto Community Council submits the following report (August 30, 1999) from the Manager, Right of Way
Management, Transportation Services, District 1, Works and Emergency Services:
Purpose:
To report on the homeowners' request to construct and maintain stone pillars and decorative stone ornamental walls
surmounted by a wrought iron fence, the overall height of 2.0 m within the public right of way which exceeds the
maximum height permitted under the former City of Toronto Municipal Code, Chapter 313, Streets and Sidewalks. In
addition, the wall and fence is to be set back .61 m back of the curb rather than the required 2.1 m. 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 construction and maintenance of the pillars, decorative ornamental wall and fence within the
public right of way fronting 40 Burton Road provided that the owner enters into an encroachment agreement with the City
of Toronto as prescribed under Chapter 313 of the former City of Toronto Municipal Code.
Comments:
On June 3, 1999, Volgyesi & Prost Inc, Architects and Planners, acting on behalf of the owner of 40 Burton Road, Toronto,
Ontario M5P 1V2, submitted an application for permission to construct stone pillars, decorative ornamental wall
surmounted with a wrought iron fence for an overall height of 2 m within the public right of way. In addition, the applicant
intends on installing lamp standards on top of the stone pillars.
As noted, the pillars, decorative walls and fence are to be 2.0 m in height which exceeds the maximum height of 1.0 m
permitted in Chapter 313 of the former City of Toronto Municipal Code.
Furthermore, the installations are to be set back .61 m back of the curb rather than the required
2.1 m.
Currently, there are existing 4 decorative pillars together with light standards and stone walls within the public right of way
in the vicinity of the entrance to 40 Burton Road.
In a letter dated March 28, 1999, the architect, acting on behalf of the owners has requested an exemption to the Municipal
Code as they have incurred a number of security related issues including having their vehicle vandalized and garage broken
into.
Staff have inspected the area in the immediate vicinity of this property. As there are similar installations in the area, it was
determined that the pillars and fence would not negatively impact the public right of way.
Details of the pillars and fence are on file with my Department.
Conclusions:
As the pillars and fence do not negatively impact the public right of way, the construction of the pillars and fence should be
permitted.
Contact Name and Telephone Number:
Ken McGuire, 392-7894
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The Toronto Community Council reports, for the information of Council, having also had before it during consideration of
the foregoing matter, the following communications, and a copy thereof is on file in the office of the City Clerk:
-(October 5, 1999) from Eleanor Leibel
-(September 21, 1999) from Mr. Andrew S. Volgyesi, Volgyesi & Propst Inc., Architects and Planners, forwarding two
form letters from immediate neighbours
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Ms. Kim Kovar, Aird & Berlis, appeared before the Toronto Community Council in connection with the foregoing matter.
