STAFF REPORT
ACTION REQUIRED
Application for Fence Exemption
19 Courtsfield Crescent
Date:
April 22, 2014
To:
Etobicoke York Community Council
From:
Eletta Purdy, District Manager, Municipal Licensing and Standards
Wards:
Ward 4, Etobicoke Centre
Reference
Municipal Licensing and Standards, Folder No. 12-1316873 FEN
Number:
SUMMARY
This staff report is in regard to a matter for which the Etobicoke York Community
Council has delegated authority from City Council to make a final decision.
The purpose of this report is to consider an application submitted by the property owner
of 19 Courtsfield Crescent for a Fence Exemption to permit a masonry and granite fence
in the front yard which will be 1.5 metres (~5 feet) high. This exceeds the height
restrictions in City of Toronto Municipal Code, Chapter 447, Fences.
RECOMMENDATIONS
Municipal Licensing and Standards recommends that the Etobicoke York
Community Council:
1. Refuse the request for an exemption submitted by the property owner of 19
Courtsfield Crescent for a 1.5 metres (~5 feet) high masonry and granite fence in the
front yard, as the proposal does not comply with the provisions of the Toronto
Municipal Code, Chapter 447, Fences
2. Direct that a second unappealable Notice of Violation be issued under City of
Toronto Municipal Code, Chapter 447, Fences.
Financial Impact
The recommendations in this report have no financial impact.
Fence Exemption Request – 19 Courtsfield Crescent
1
DECISION HISTORY
An application for a fence exemption was submitted by the property owner. The fence is
located at the front yard. Accordingly, all the property owners within a 60-metre radius
of 19 Courtsfield Crescent have been notified by the City Clerk's office of the date that
the application for exemption will be considered by Etobicoke York Community Council.
(Attachment 1)
ISSUE BACKGROUND
In December 2012 a complaint was received regarding the height of a front yard masonry
fence and hedge at 19 Courtsfield Crescent.
An inspection was conducted by a Municipal Standards Officer which confirmed the
presence of a masonry and granite fence ranging from 1.68 metres (5.5 feet) to 2.36
metres (7.75 feet) high and a cedar hedge of approximately 2.7 meters (9 feet) high.
Under the City of Toronto Municipal Code, Chapter 447, Fences (TMC 447), front yard
fences must not exceed 1.2 meters (4 feet) high. A notice of violation was issued and the
property owner applied for a fence exemption. A report for that request was considered
by Etobicoke York Community Council at its meeting of April 9, 2013. The request was
refused and new Notice of Violation was issued.
The property owner subsequently came forward with a new design and met with staff and
the area Councillor in this regard. The new design reduces the hedge adjacent to the lot
line to 1.2 metres (~4 feet) and approximately 4.2 metres (13.75 feet) of the masonry
fence that runs parallel to the front lot line to 1.2 metres high. These sections would be in
compliance with TMC 447. The remaining masonry and granite fence that spans
approximately 3.9 metres (12.75 feet) in length is proposed to be maintained at 1.52
metres (~5 feet), which is 0.3 metres (1 foot) higher than the permitted height under TMC
447. (Attachments 2 and 3)
A new Fence Exemption application was submitted by the owner of 19 Courtsfield
Crescent with the new design on the grounds that the fence will provide the privacy,
security and is aesthetically pleasing. The property owner has provided a new site plan
with adjustments to the fence and hedge height. (Attachments 6 and 7)
COMMENT
The subject fence and hedge are in violation of the City of Toronto Municipal Code
Chapter 447- Fences, with respect to height.
Should the staff recommendation not be accepted and the request by the applicant
approved, the following conditions of approval should include:
Fence Exemption Request – 19 Courtsfield Crescent
2
1. The fence and hedge is required to be maintained no higher than the height
specified by Etobicoke York Community Council; and
2. When the fence and or hedge are replaced, any replacement must comply
with the City of Toronto Municipal Code, Chapter 447, Fences or its
successor by-law.
CONTACT
Gail Pryce, Supervisor (Acting)
Municipal Licensing and Standards
Etobicoke York District
Tel: 416-396-7431 Fax 416-394-2904
SIGNATURE
_______________________________
Eletta Purdy, District Manager
Municipal Licensing and Standards
Etobicoke York District
ATTACHMENTS
Attachment 1:
Attachment 2:
Attachment 3:
Attachment 4:
Attachment 5:
Attachment 6:
Attachment 7:
Plan showing properties with 60 meter radius of 19 Courtsfield Crescent
Photograph of hedge in relation to masonry wall
Photograph full view of hedges
Photograph of front of property
Photograph of front entranceway of property
Original Elevation submitted by property owner
Proposal B Elevation with adjustments as submitted by property owner
Fence Exemption Request – 19 Courtsfield Crescent
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Attachment 1: Plan showing properties with 60 meter radius of 19 Courtsfield Cres
Fence Exemption Request – 19 Courtsfield Crescent
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Attachment 2: Photograph of hedge in relation to masonry wall
3.3 metres/11 feet
Attachment 3: Photograph full view of hedges
Fence Exemption Request – 19 Courtsfield Crescent
5
Attachment 4: Photograph of front of property
Attachment 5: Photograph of front entranceway of property
Fence Exemption Request – 19 Courtsfield Crescent
6
Attachment 6: Original Site Plan as submitted by property owner
Fence Exemption Request – 19 Courtsfield Crescent
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Attachment 7: Proposal B with adjustments as submitted by property owner
Fence Exemption Request – 19 Courtsfield Crescent
8