Item - 2021.EY24.14

The Etobicoke York Community Council:

1.  Granted the application for a fence exemption permit, without conditions, thereby allowing the fence enclosure to be maintained as constructed and properly viewed from the main living area of the home.  Additionally, direct and require that the installation be maintained in good repair without alteration.  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.

This staff report concerns a matter for which the Etobicoke York Community Council has delegated authority from City Council to make a final decision.

The purpose of this report is to advise Council concerning an application by the property owner for a site-specific Fence Exemption, pursuant to Section 447-1.5 B of Toronto Municipal Code, Chapter 447- Fences.  The property owner is seeking Council's permission to leave an existing above ground pool, which does not comply with Section 447-1.3.E(4)  of the Swimming Pool Enclosures of the bylaw. Attachment 1 and 2.

The property owner is seeking relief from the by-law regulations by erecting 1 large Convex Mirror when viewed from the main living area of the building, Attachment #5; the entire pool surface area and its surrounding is visible.  Additionally, the property owner has an existing 1080p HD camera system that is connected to his Television in his home, Attachment 3, 4.

The property owner's intention is to use the pool so that his children can use it in a form to exercise and improve their mental health during the Pandemic coupled with the current and future Provincial and City restrictions.

Municipal Licensing and Standards Division did not receive a complaint as the owner was proactive in the fence exemption application.