Item - 2023.NY5.23

Tracking Status

This item was considered by North York Community Council on May 16, 2023 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.

NY5.23 - 89 Dawlish Avenue - Application for Fence Exemption

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 an exemption permit, to the owner(s) of 89 Dawlish Avenue, to allow them to maintain a pool enclosure with a gap in the fence and gates that are attached to the house. Directed and required that the existing fence be maintained in good repair without alteration. 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

(April 14, 2023) 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.

1. The purpose of this report is to consider an application by the owner(s) of 89 Dawlish Avenue to maintain a Pool Enclosure with no fence in the rear yard west side of the property which consists of a brick wall of a garage from the neighbouring property and is a Violation as specified in the Toronto Municipal Code, Chapter 447-1.3 (A) (2)– Enclosure required

2. Also, the owner(s) of 89 Dawlish Avenue would like consideration to maintain a Pool Enclosure (GATES) attached to the house which is a Violation of The City of Toronto Municipal Code, Chapter 447 1 (E) (1)(b) - Construction standards

A Notice of Violation was issued on Mar 24, 2023

The subject property of 89 Dawlish Avenue is located in Ward 15, on a residentially zoned property. This property is a detached house.

Background Information

(April 14, 2023) Report and Attachments 1 - 3 from the Manager, Municipal Licensing and Standards, East District on 89 Dawlish Avenue - Application for Fence Exemption
https://www.toronto.ca/legdocs/mmis/2023/ny/bgrd/backgroundfile-235967.pdf

Communications

(May 12, 2023) Submission from Jessica Di Pronio on behalf of Jason Pantalone (NY.Supp)

Speakers

Jason Pantalone, National Homes

Motions

Motion to Adopt Item as Amended moved by Councillor Jaye Robinson (Carried)

That North York Community Council:

1. Grant an exemption permit, to the owner(s) of 89 Dawlish Avenue, to allow them to maintain a pool enclosure with a gap in the fence and gates that are attached to the house. 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.