Item - 2019.NY6.27
Tracking Status
- This item was considered by North York Community Council on May 22, 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.
NY6.27 - Request for Fence Exemption - Rear Yard - 84 Glencairn Avenue
- Decision Type:
- ACTION
- Status:
- Amended
- Schedule Type:
- Delegated
- Ward:
- 8 - Eglinton - Lawrence
Community Council Decision
North York Community Council:
1. Refused to grant the application for an exemption permit, by the owner(s) of, 84 Glencairn Avenue, for a pool enclosure, for failing to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences.
2. Directed that a second un-appealable Notice of Violation be issued under the City of Toronto Municipal Code Chapter 447 Fences.
Origin
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 84 Glencairn Ave 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 (1) – owner of a swimming pool shall erect and maintain a swimming pool enclosure that Complies with this article, Namely, Metal rod and nylon fence on the South side of the enclosure is not made or constructed in a manner which complies with the By law.
The subject property 84 Glencairn Ave is located in Ward 8, on a residentially zoned property.
|
GENERAL LOCATION |
SPECIFIC LOCATION |
EXISTING CONSTRUCTION & DEFICIENCY |
BY-LAW SECTION & REQUIREMENT |
|
Rear
|
South side of property, rear yard.
|
Pool enclosure is not made or constructed in a manner which complies with the By law
|
Chapter 447–1.3 (1) – owner of a swimming pool shall erect and maintain a swimming pool enclosure that Complies with this article |
Background Information
https://www.toronto.ca/legdocs/mmis/2019/ny/bgrd/backgroundfile-132607.pdf
Motions
That North York Community Council:
1. Refuse to grant the application for an exemption permit, by the owner(s) of, 84 Glencairn Avenue, for a pool enclosure, for failing to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences.
2. Direct that a second un-appealable Notice of Violation be issued under the City of Toronto Municipal Code Chapter 447 Fences.
Vote (Amend Item) May-22-2019
| Result: Carried | Majority Required |
|---|---|
| Total members that voted Yes: 4 | Members that voted Yes are Shelley Carroll, Mike Colle, James Pasternak (Chair), Jaye Robinson |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 2 | Members that were absent are John Filion, Denzil Minnan-Wong |
That North York Community Council:
1. Grant the application for the pool enclosure for the property at 84 Glencairn 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 is required that such installation will comply with Municipal Code Chapter 447, or its successor by-law.