Item - 2021.NY23.38

Tracking Status

This item was considered by North York Community Council on April 20, 2021 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.

NY23.38 - Request for Fence Exemption - 24 Swiftdale Place

Decision Type:: ACTION

Status:: Amended

Schedule Type:: Delegated

Ward:: 16 - Don Valley East

Public Notice Given

Community Council Decision

North York Community Council:

1. Refused to grant the application for an exemption permit, by the owners of 24 Swiftdale Place, for a proposed fence that fails to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences.

Origin

(March 17, 2021) Report from the Manager, Municipal Licensing and Standards, East District

Summary

This staff report concerns 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 advise Council concerning an application submitted by the owner of 24 Swiftdale Place for a site-specific Fence Exemption, pursuant to Section 447- 1.5 B. (1) of Toronto Municipal Code, Chapter 447- Fences. The property owner is seeking Council's permission to exempt the location of the Swimming Pool Enclosure Gate in the rear yard which does not comply with the location restrictions in Section 447-1.3. E. (1) (a) a violation as detailed below in the following chart:

The subject property, 24 Swiftdale Place, is located in Ward 16, in a residential zone property.

GENERAL LOCATION

SPECIFIC LOCATION

CONSTRUCTION & DEFICIENCY

BY-LAW SECTION & REQUIREMENT*

Rear yard

Pool Enclosure in the rear yard. Juliet Gate around rear door from Garage.

The Juliet Gate constructed out of 38mm chain link fencing is too close to the pool.

Section 447-1.3. (1)

A swimming pool enclosure, including any gate forming part of the enclosure, shall: (a) Be no closer than 1.2 metres horizontally to the water's edge in the pool;

Background Information

(March 17, 2021) Report and Attachments 1 to 3 from the Manager, Municipal Licensing and Standards, East District on a Request for Fence Exemption at 24 Swiftdale Place
https://www.toronto.ca/legdocs/mmis/2021/ny/bgrd/backgroundfile-165101.pdf

Speakers

Peter Brown, Bonavista Pools Limited

Motions

1 - Motion to Adopt Item as Amended moved by Councillor Shelley Carroll (Carried)

That North York Community Council:

1. Refuse to grant the application for an exemption permit, by the owners of 24 Swiftdale Place, for a proposed fence that fails to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences.