Item - 2019.NY7.38

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.

NY7.38 - Request for Fence Exemption - Rear - 531 Cranbrooke Avenue

Decision Type:: ACTION

Status:: Amended

Schedule Type:: Delegated

Ward:: 8 - Eglinton - Lawrence

Public Notice Given

Community Council Decision

North York Community Council:

1. Refused the application for an exemption permit by the owner(s) of 531 Cranbrooke Avenue, permit 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

(March 26, 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 531 Cranbrooke 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 of 447-1.3 E (1) (b) of the bylaw permit Pool enclosure to violate height and climbable features contrary to 447-1.3 E (1) (b) of the bylaw.

The subject property 531 Cranbrooke Ave is located in Ward 8, on a residentially zoned property.

GENERAL LOCATION

SPECIFIC LOCATION

EXISTING CONSTRUCTION & DEFICIENCY

BY-LAW SECTION & REQUIREMENTS

Rear Yard

South Side of the property.

Pool Enclosure does not comply with current Pool enclosure requirements as related to gate height and possible climbable features within the house.

447-1.3 E (1) (b) A swimming pool enclosure, including any gate forming part of the enclosure, shall: Be no closer than one metre to any external condition that may facilitate climbing the outside of the enclosure unless the height of the enclosure is at least 1.8 metres for a distance of at least one metre on each side of the condition

Rear Yard

South Side of the property.

Pool enclosure does not have a separation from the dwelling unit to the pool.

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

(March 26, 2019) Report and Appendices 1-4 from the District Manager, Municipal Licensing and Standards, North York District on a Request for Fence Exemption, Rear, at 531 Cranbrooke Avenue
https://www.toronto.ca/legdocs/mmis/2019/ny/bgrd/backgroundfile-133489.pdf

Speakers

Eitan Tanentzap

Motions

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

That North York Community Council:

1. Refuse the application for an exemption permit by the owner(s) of 531 Cranbrooke Avenue, permit 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.