Item - 2019.NY3.30

Tracking Status

This item was considered by North York Community Council on February 14, 2019 and was adopted with amendments. City Council has delegated authority for this matter to the North York Community Council and therefore, the decision is final.

NY3.30 - Request for Fence Exemption - Pool Enclosure - 8 Fidelia Avenue

Decision Type:: ACTION

Status:: Amended

Schedule Type:: Delegated

Ward:: 15 - Don Valley West

Public Notice Given

Community Council Decision

North York Community Council:

1. Granted the application for the proposed pool enclosure for the property at 8 Fidelia Avenue, without conditions.

2. Directed and requires that the installation be maintained in good repair without alteration.

3. Directed and requires that at such time as replacement of the fence or enclosure is required that such installation will comply with Municipal Code Chapter 447, or its successor by-law.

Origin

(December 18, 2018) Report from the District Manager, Municipal Licensing & Standards, North York District

Summary

This staff report is in regards to a matter for which the North 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 owner(s) of 8 Fidelia Avenue for a site-specific Fence Exemption, pursuant to the Toronto Municipal Code, Chapter 447- Fences. The property owner(s) is seeking Council's permission to be exempt from Chapter 447–1.3.C(3) –'If the wall of any building, or any portion of it, forms part of the pool enclosure, there shall be no access to the enclosed pool area through the wall', contrary to Section 447-1.3.C(3) of the bylaw, as detailed in the following chart:

The subject property 8 Fidelia Avenue is located in Ward 15, on a residentially zoned property.

GENERAL LOCATION

SPECIFIC LOCATION

PROPOSED CONSTRUCTION & DEFICIENCY

BY-LAW SECTION & REQUIREMENT

Rear yard

Rear wall of property, leading into rear yard / Proposed enclosed pool area.

Access to pool area through wall of building that forms part of a pool enclosure.

Chapter 447–1.3.C(3) If the wall of any building, or any portion of it, forms part of the pool enclosure, there shall be no access to the enclosed pool area through the wall.

Background Information

(December 18, 2018) Report and Appendices 1-5 from the District Manager, Municipal Licensing & Standards, North York District on a Request for Fence Exemption on Pool Enclosure at 8 Fidelia Avenue
https://www.toronto.ca/legdocs/mmis/2019/ny/bgrd/backgroundfile-124044.pdf

Speakers

John Bell, Bonavista Pools

Motions

Motion to Amend Item moved by Councillor Jaye Robinson (Carried)

That North York Community Council:

1. Grant the application for the proposed pool enclosure for the property at 8 Fidelia Avenue without conditions.

2. Direct and require that the installation be maintained in good repair without alteration.

3. Direct and require that at such time as replacement of the fence or enclosure is required that such installation will comply with Municipal Code Chapter 447, or its successor by-law.

Motion to Amend Item moved by Councillor Shelley Carroll (Redundant)