|
Maintenance of a Wooden Fence - 745 Markham Street
(Midtown)
The Toronto Community Council recommends that City Council approve the maintenance of the wooden fence within the City boulevard fronting 745 Markham Street, provided that the height of the fence is reduced so as not to exceed 1.0 meter and subject to the owners entering into an agreement with the City of Toronto, as prescribed under Chapter 313 of the former City of Toronto Municipal Code.
The Toronto Community Council reports, for the information of Council, having requested appropriate officials to report to the Toronto Community Council, for its meeting to be held on April 1, 1998 on:
(1) whether the issue of the fence by-law can be delegated to a fence by-law process or to the Committee of Adjustment;
(2) how to achieve this;
(3) the desirability of doing so; and
(4) by-law amendments required to prohibit privacy fences or screening fences on corner properties over and above a height of 42 inches.
The Toronto Community Council submits the following report (January 9, 1998) from the Commissioner, City Works Services:
Purpose:
To report on the homeowners= request to maintain a fence which exceeds 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 maintenance of the wooden fence within the City boulevard fronting 745 Markham Street, provided that the height of the fence is reduced so as not to exceed 1.0 m and 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 application for a fence which exceeds the height permitted in the City of Toronto Municipal Code, Chapter 313, Streets and Sidewalks.
Comments:
Mr. Daryl Christoff and Ms. Lori Christoff, owners/occupants of 745 Markham Street, Toronto, Ontario M6G 2M4, submitted an application June 2, 1997, requesting permission to maintain a wooden fence which they constructed within the City boulevard running perpendicular to the City sidewalk between 745 and 747 Markham Street.
The fence they built is 1.86 m high rather than the maximum height of 1.0 m allowed for in Chapter 313 of the City of Toronto Municipal Code. The owners have asked for an exemption to this by-law in order to provide a separation from their neighbour and to increase the privacy of the entrance to their property.
We have received two letters and a petition signed by 18 area residents opposing the fence at its current height.
Staff have also inspected the area in the immediate vicinity of this property. To be consistent with the openness of the streetscape, the wooden fence should be reduced to a maximum height of 1.0 m, per the by-law.
Details of this fence and copies of correspondence and the petition are on file with my Department.
Conclusions:
As the fence is not consistent with other installations in the area and it exceeds the maximum height permitted in the Municipal Code, the fence should be reduced in height so as not exceed 1.0 m.
Contact Name and Telephone Number:
Fani Lauzon, 392-7894
Mr. George Prokos, Toronto, Ontario, appeared before the Toronto Community Council in connection with the foregoing matter.
The Toronto Community Council reports for the information of Council, having also had before it during consideration of the foregoing matter, the following communications, copies of which are on file in the office of the City Clerk:
- (January 16, 1998) from Ms. Maria Rodriques; and
- (February 11, 1998) from Mr. Daryl Christoff.
Councillor Adams declared his interest in the foregoing Clause, in-so-far as it pertains to Part (4) of the action in that he and his space the Toronto Community Council and stated that the general nature of the interest is 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.
|
