Item - 2019.NY7.41
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.
NY7.41 - Request for Fence Exemption - Rear Yard - 36 Old Colony Road
- 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 swimming pool enclosure to be retained with chain link mesh size, and spacing of fence posts in excess of that permitted by the bylaw for the property at 36 Old Colony Road, 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 is required that such installation will comply with Municipal Code Chapter 447, or its successor by-law.
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 36 Old Colony Rd 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 retain an existing fence which forms part of their tennis court, to form one side of the swimming pool enclosure and therefore be exempt from Chapter 447-1.3.E(2)(a) – Chain link mesh size and Chapter 447 – 1.3.E(2)(a) – spacing of posts.
The subject property 36 Old Colony Rd is located in Ward 15, on a residentially zoned property.
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GENERAL LOCATION
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SPECIFIC LOCATION
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PROPOSED CONSTRUCTION & DEFICIENCY |
BY-LAW SECTION & REQUIREMENT
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Rear Yard
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Fence along north edge of property forming part of the pool enclosure. |
Existing chain link mesh size too large. (50.8mm).
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Chapter 447-1.3.E(2)(a) – mesh size larger than 38mm.
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Rear Yard
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Fence along north edge of property forming part of the pool enclosure.
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Existing post spacing between 3.0 to 3.2 metres. (with exception of post beside gate where distance is 1.7m). |
Chapter 447-1.3.E(2)(a) – Spacing of posts greater than 2.4 metres.
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Background Information
https://www.toronto.ca/legdocs/mmis/2019/ny/bgrd/backgroundfile-134230.pdf
Motions
That North York Community Council:
1. Grant the application for the swimming pool enclosure to be retained with chain link mesh size, and spacing of fence posts in excess of that permitted by the bylaw for the property at 36 Old Colony Road, 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.