Item - 2022.NY33.52
Tracking Status
- This item was considered by North York Community Council on June 28, 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.
NY33.52 - Application for Fence Exemption - 188 York Mills Road
- Decision Type:
- ACTION
- Status:
- Amended
- Schedule Type:
- Delegated
- Ward:
- 15 - Don Valley West
Public Notice Given
Community Council Decision
North York Community Council:
1. Refused to grant the application for an exemption permit, by the owner(s) of 188 York Mills Road, to allow them to maintain the 1.0 meter (42 inch) tempered glass guard rail on the balcony and to allow access through a wall of a building that forms part of the enclosure contrary to the Toronto Municipal Code, Chapter 447, Fences, specifically section 447-1.3D(1) and 447-1.3(C)3.
Origin
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 188 York Mills Road to maintain a 1.0 meter (42 inch) tempered glass guard rail on the balcony in the rear yard which does not meet the require height of 1.2 meters (47inches) as required in The Toronto Municipal Code, Chapter 447-1.3D(1) Table 2 - Minimum Height of swimming pool enclosure and to allow access through a wall of a building that forms part of the 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
https://www.toronto.ca/legdocs/mmis/2022/ny/bgrd/backgroundfile-226620.pdf
Speakers
Motions
That the North York Community Council:
1. Refuse to grant the application for an exemption permit, by the owner(s) of 188 York Mills Road, to allow them to maintain the 1.0 meter (42 inch) tempered glass guard rail on the balcony and to allow access through a wall of a building that forms part of the enclosure contrary to the Toronto Municipal Code, Chapter 447, Fences, specifically section 447-1.3D(1) and 447-1.3(C)3.
That the North York Community Council:
2. Grant the application for an exemption permit, by the owner(s) of 188 York Mills Road, to allow them to maintain the 1.0 meter (42 inch) tempered glass guard rail on the balcony and to allow access through a wall of a building that forms part of the enclosure. Direct and require that the existing fence be maintained in good repair without alteration. 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) Jun-28-2022
| Result: Lost | Majority Required |
|---|---|
| Total members that voted Yes: 1 | Members that voted Yes are Jaye Robinson |
| Total members that voted No: 4 | Members that voted No are Shelley Carroll, Mike Colle, Denzil Minnan-Wong, James Pasternak (Chair) |
| Total members that were Absent: 1 | Members that were absent are John Filion |