Item - 2016.SC17.3

Tracking Status

  • This item was considered by Scarborough Community Council on October 13, 2016 and was adopted with amendments. City Council has delegated authority for this matter to the Scarborough Community Council and therefore, the decision is final.

SC17.3 - Request for a Fence Exemption - Front Yard - 29 MacDuff Crescent

Decision Type:
ACTION
Status:
Amended
Schedule Type:
Delegated
Ward:
36 - Scarborough Southwest

Public Notice Given

Community Council Decision

Scarborough Community Council:

 

1.   Granted the application for a fence exemption permit at 29 MacDuff Crescent, thereby allowing the fence (hedge) to remain at a height not to exceed 2 metres; directed and requires that the fence (hedge) be maintained in good repair; directed and requires that at any such time the fence (hedge) is removed a replacement of the fence is required and that such installation will comply with Municipal Code Chapter 447, or its successor by-law.

Origin

(September 16, 2016) Report from the Acting District Manager, Municipal Licensing and Standards, Scarborough District

Summary

This staff report concerns a matter for which the Scarborough Community Council has delegated authority from City Council to make a final decision.

 

The purpose of this report is to advise Council concerning an application by the property owner of 29 Macduff Crescent for a site-specific Fence Exemption, pursuant to Section 447-5.C of Toronto Municipal Code, Chapter 447- Fences.  The property owner is seeking Council's permission to maintain a fence (hedge) which does not comply with maximum fence height restrictions stipulated by Section 447-2 of the by-law.

Background Information

(September 16, 2016) Report and Appendices 1-4 from the Acting District Manager, Municipal Licensing and Standards, Scarborough District - Request for a Fence Exemption - Front Yard - 29 MacDuff Crescent
https://www.toronto.ca/legdocs/mmis/2016/sc/bgrd/backgroundfile-96507.pdf
Notice of Consideration - Request for a Fence Exemption - Front Yard - 29 MacDuff Crescent
https://www.toronto.ca/legdocs/mmis/2016/sc/bgrd/backgroundfile-96756.pdf

Speakers

Michelle Gonsalves, Owner
Stephen Haines

Motions

1 - Motion to Amend Item moved by Councillor Gary Crawford (Amended)

That Scarborough Community Council:

 

1.    Grant the application for a fence exemption permit at 29 MacDuff Crescent, thereby allowing the fence (hedge) to remain.  Direct and require that the fence (hedge) be maintained in good repair.  Direct and require that at any such time the fence (hedge) is removed a replacement of the fence is required and that such installation will comply with Municipal Code Chapter 447, or its successor by-law.

Vote (Amend Item) Oct-13-2016

Result: Carried Majority Required
Total members that voted Yes: 5 Members that voted Yes are Paul Ainslie, Gary Crawford, Glenn De Baeremaeker, Jim Karygiannis, Michael Thompson
Total members that voted No: 3 Members that voted No are Michelle Holland, Norman Kelly, Chin Lee (Chair)
Total members that were Absent: 1 Members that were absent are Ron Moeser

2 - Motion to Amend Motion moved by Councillor Jim Karygiannis (Carried)

That Motion 1 by Councillor Crawford be amended by adding the words "no higher than 2 metres" to the first sentence.

Vote (Amend Motion) Oct-13-2016

Result: Carried Majority Required
Total members that voted Yes: 5 Members that voted Yes are Michelle Holland, Jim Karygiannis, Norman Kelly, Chin Lee (Chair), Michael Thompson
Total members that voted No: 3 Members that voted No are Paul Ainslie, Gary Crawford, Glenn De Baeremaeker
Total members that were Absent: 1 Members that were absent are Ron Moeser

3 - Motion to Amend Item moved by Councillor Norman Kelly (Redundant)

That the Scarborough Community Council:

 

1.   Refuse to grant the application for an exemption permit, by the property owner of 29 MacDuff Crescent to maintain a fence (hedge), that fails to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences.

Source: Toronto City Clerk at www.toronto.ca/council