Item - 2019.NY7.37

Tracking Status

This item was considered by North York Community Council on June 25, 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.

NY7.37 - Request for Fence Exemption - 28 Bowring Walk

Decision Type:: ACTION

Status:: Amended

Schedule Type:: Delegated

Ward:: 6 - York Centre

Community Council Decision

North York Community Council:

1. Granted the fence exemption application for the rear yard pool enclosure provided that a plexiglass barrier be erected covering the lattice on the adjoining property.

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

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

Origin

(March 19, 2019) Report from the District Manager, Municipal Licensing and 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 28 Bowring Walk 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 447-1.3E (c) permit rear yard pool enclosure which facilitates a climbable feature contrary to Chapter 447-1.3E (c) of the bylaw.

The subject property 28 Bowring Walk is located in Ward 6, on a residentially zoned property.

GENERAL LOCATION

SPECIFIC LOCATION

EXISTING CONSTRUCTION & DEFICIENCY

BY-LAW SECTION & REQUIREMENTS

South Side

South side of property.

South side Neighbours Lattice fence is a climbable feature leading into subject property

A swimming pool enclosure, including any gate forming part of the enclosure, shall: Have no element or attachment between 100 millimetres and 1.2 metres above grade that may facilitate climbing the outside of the enclosure.

Background Information

(March 19, 2019) Report and Appendices 1-4 from the District Manager, Municipal Licensing & Standards, North York District, on a Request for Fence Exemption at 28 Bowring Walk
https://www.toronto.ca/legdocs/mmis/2019/ny/bgrd/backgroundfile-133487.pdf

Speakers

Harold Gerlach, President, Seaway Pools East

Motions

Motion to Amend Item moved by Councillor James Pasternak (Carried)

That North York Community Council:

1. Grant the fence exemption application for the rear yard pool enclosure, provided that a plexiglass barrier be erected covering the lattice on the adjoining property.

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

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