Item - 2022.NY32.28

Tracking Status

  • This item was considered by North York Community Council on May 24, 2022 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.

NY32.28 - Application for Fence Exemption - 53 Abbeywood Trail

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 an exemption permit, by the owner(s) of 53 Abbeywood Trail, to allow them to maintain openings in the wall of the building that forms part of the swimming pool enclosure. Directed and required that at such time as a replacement of the fence is required that such installation will comply with Municipal Code Chapter 447, Fences, or its successor by-law.

Origin

(March 11, 2022) 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 consider an application by the owner(s) of 53 Abbeywood Trail to allow openings in the wall of a building that forms part of the swimming pool enclosure contrary to the City of Toronto Municipal Code Chapter 447-1.3(C)3 Access Protection. A Notice of Violation was issued on August 23, 2021.

Background Information

(March 11, 2022) Report and Attachments 1 to 5 from the Manager, Municipal Licensing and Standards, East District - Application for Fence Exemption - 53 Abbeywood Trail
https://www.toronto.ca/legdocs/mmis/2022/ny/bgrd/backgroundfile-224908.pdf

Communications

(September 21, 2021) E-mail from Dr. Ian Kitai (NY.Supp)

Speakers

Stephen Karr, SM Professional Corporation

Motions

1 - Motion to Amend Item moved by Councillor Jaye Robinson (Carried)

That North York Community Council:

 

1. Grant the application for an exemption permit, by the owner(s) of 53 Abbeywood Trail, to allow them to maintain openings in the wall of the building that forms part of the swimming pool enclosure. Direct and require that at such time as a replacement of the fence is required that such installation will comply with Municipal Code Chapter 447, Fences, or its successor by-law.

Vote (Amend Item) May-24-2022

Result: Carried Majority Required
Total members that voted Yes: 3 Members that voted Yes are Mike Colle, James Pasternak (Chair), Jaye Robinson
Total members that voted No: 1 Members that voted No are Shelley Carroll
Total members that were Absent: 2 Members that were absent are John Filion, Denzil Minnan-Wong

2 - Motion to Amend Item moved by Councillor Shelley Carroll (Redundant)

That North York Community Council:

 

1. Refuse to grant the application for an exemption permit, by the owner(s) of 53 Abbeywood Trail, to  maintain openings in the wall of the building that form part of the swimming pool enclosure, which does not comply with the Toronto Municipal Code, Chapter 447-1.3(C)3 Access Protection.

 

Ruling by Councillor James Pasternak
Chair Pasternak ruled motion 2 by Councillor Shelley Carroll redundant due to the adoption of motion 1 by Councillor Jaye Robinson.

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