Item - 2021.EY25.12

The Etobicoke York Community Council:

1. Granted the application for a fence exemption permit, with the condition that additional equipment such as mirrors, monitoring cameras and pool alarm, or combination thereof, to the satisfaction of the Executive Director, Municipal Licensing and Standards, is installed thereby allowing the pool enclosure to be constructed and maintained and properly viewed from the main living area of the home.

2. Directed and required 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.

3. Directed that as a condition of the exemption, the window to the garage be sealed and made inoperable to the satisfaction of the Executive Director, Municipal Licensing and Standards.

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 of 29 Fairhaven Drive 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 construct a swimming pool enclosure, which does not comply with the standards stipulated by Section 447-1.3(E)(3) of the bylaw and to erect a new fence, which does not comply with the height standards stipulated by Section 447-1.2(B)(1) of the bylaw.

The proposed rear perimeter fence would form a barrier to the neighbouring properties and the fence material is pressure treated wood, board on board. Secondly, the swimming pool enclosure is located in the rear yard and is not constructed of open mesh construction. The enclosure uses a garage wall as part of the construction and does not allow for visibility of the pool from the main living area.

No complaint was filed for the fence.