Muncipal Code Chapter 202 - Request for Natural Garden Exemption
- 239 Havelock Street (Trinity-Niagara)
The Toronto Community Council recommends The Toronto Community Council recommends that City Council grant an exemption under Municipal Code Chapter 202, Section 202-2D to cancel the served notice and to allow a natural garden to remain at 239 Havelock Street.
The Toronto Community Council submits the following Clause 12 of Report No. 25 of the Executive Committee of the former City of Toronto, titled AMunicipal Code Chapter 202 - Request for Natural Garden Exemption - 239 Havelock Street (Ward 3)@.
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The Executive Committee recommends that the joint report (October 31, 1997) from the Director of Inspections and Chief Building Official and the Commissioner of Urban Development Services be forwarded to the new City Council/a Standing Committee thereof, for consideration and the hearing of deputations.
The Executive Committee advises that although there is no Statutory requirement for a public hearing, it has been the City of Toronto=s practice to schedule a matter like this as a deputation item and to inform the neighbourhood.
The Executive Committee submits the joint report (October 31, 1997) from the Director of Inspections and Chief Building Official and the Commissioner of Urban Development Services:
Origin: Director of Inspections and Chief Building Official (p:\1997\ug\uds\bld\ex970070.bld) -bs
Recommendations:
1. That City Council grant an exemption under Municipal Code Chapter 202, Section 202-2D to cancel the served notice and to allow a natural garden to remain at 239 Havelock Street; or
2. That City Council confirm the served notice and direct that a second notice be given under Municipal Code Chapter 202, Section 202-2D requiring the cutting of grass and weeds, as prescribed in the regulations.
Comments: On October 1st, 1997 a notice was served to the owner and occupant of the property known as 239 Havelock Street to require that tall grass and weeds be cut, in accordance with Municipal Code Chapter 202. A submission received October 3rd, 1997 from the occupant of the property, requesting exemption from grass and weed cutting requirements on the basis that the property contains a natural garden. A copy of this submission has been provided to the Executive Committee. Provision and procedures for such exemption are contained in Municipal Code Chapter 202, Section 202-2D. In accordance with these provisions such a request for exemption is to be reviewed by the Neighbourhoods Committee and Council. Due to the fact that the final Neighbourhoods Committee meeting for 1997 has already occurred but that City Council has indicated that it would call any necessary meetings prior to the end of 1997 to address any outstanding issues, this matter is being referred to the Executive Committee in order that the matter might be dealt with and sent on to Council at its subsequent meeting.
On October 22nd, 1997, a report was received from the Parks Division stating that their inspection indicated that the yard at 239 Havelock Street contains a substantial amount of trees, shrubs and native wild flowers, as would appear to be appropriate in a naturalized residential garden.
This report was prepared in consultation with staff of the Parks Division.
John Morand, Commissioner of Urban Development Services concurs with this report.
The Executive Committee also had before it the following communication (September 29, 1997) from Carole Boucher, addressed to the Commissioner of Urban Development Services:
Regarding the notice I received, September 26, 1997, requesting all grass/weeds exceeding 8"/20 cm in height be cut from the lands adjacent to the house on the above mentioned address, I wish to request an exemption for these lands as a Anatural@ garden. A portion of the yard has been maintained in a similar manner as neighbouring houses (the front yard). The portion nearest the house outback is a food garden nearing the end of the productive season. The rest has been left to regenerate naturally. The height of the plants offers some seclusion/illusion of places outside the city. This arrangement has been much enjoyed by everyone visiting the property.
Please consider this Arequest for exemption on the basis that the growth constitutes a natural garden@.
