Item - 2019.NY8.37

Tracking Status

  • This item was considered by North York Community Council on September 16, 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.

NY8.37 - Request for Fence Exemption - Rear Yard - 89 Overbrook Place

Decision Type:
ACTION
Status:
Amended
Schedule Type:
Delegated
Ward:
6 - York Centre

Public Notice Given

Community Council Decision

North York Community Council:

 

1. Granted the application for the fence exemption for the fence at 89 Overbrook Place, with the following condition:

 

a. that the window latching does not enable more than 4 inches of access, and that the gates' latchings remain in good repair and ensures secure access.

 

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

(August 16, 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 89 Overbrook Place 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.Sec  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.

 

The subject property 89 Overbrook Place is located in Ward 6 – York Centre, on a residentially zoned property.

 

GENERAL LOCATION

SPECIFIC LOCATION

EXISTING CONSTRUCTION & DEFICIENCY

BY-LAW SECTION & REQUIREMENT

Rear Yard

 

 

 

 

 

 

 

Rear Yard

 

 

 

 

 

 

 

B 1.3.Sec  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. Pool Enclosure is required to prevent entry to the pool area from the main dwelling.

Chapter 447 1.3.Sec  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

(August 16, 2019) Report and Appendices 1-6 from District Manager, Municipal Licensing and Standards, North York District on a Request for Fence Exemption - Rear Yard at 89 Overbrook Place
https://www.toronto.ca/legdocs/mmis/2019/ny/bgrd/backgroundfile-137008.pdf

Speakers

Jeff Freilich

Motions

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

That North York Community Council:

 

1. Grant the application for the fence exemption for the fence at 89 Overbrook Place, with the following condition:

 

a. that the window latching does not enable more than 4 inches of access, and that the gates' latchings remain in good repair and ensures secure access.

 

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.

Source: Toronto City Clerk at www.toronto.ca/council