Item - 2023.NY5.24

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.

NY5.24 - 11 Malabar Place - 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 11 Malabar Place, to allow them to maintain the chain link fence with greater than 2.4 meters between posts.

2. Granted an exemption permit, to the owner(s) of 11 Malabar Place, to allow them to maintain an enclosure closer than 1.2 metres from the waters edge.

3. Directed and required that the existing fence be maintained in good repair without alteration.

4. 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 17, 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.

The purpose of this report is to consider an application by the owner(s) of 11 Malabar Place to maintain a chain link fence in the rear yard on the south, east and west side of the property which has fence posts that exceed the maximum allowable space between posts of 2.4 meters as specified in the Toronto Municipal Code, Chapter 447-1.3E(2.A) Table 3 - Minimum Standards for Chain-Link Fence Construction.

Also, the owner(s) of 11 Malabar Place would also like consideration to maintain Part of the Pool Enclosure to be closure than 1.2 metres horizontally to the water's edge in the pool. A Violation of the City of Toronto Municipal Code, 447 1.3(E)(1)(a) Construction standards. (1) (2) A swimming pool enclosure, including any gate forming part of the enclosure, shall: (a) (b) (c) (d) Be no closer than 1.2 metres horizontally to the water's edge in the pool.

A Notice of Violation was not yet issued however the owner was advised to apply for a fence exemption

11 Malabar is located in Ward - 15 and is a detached home in a residential zone.

Background Information

(April 17, 2023) Report from the Manager Municipal Licensing and Standards, East District on 11 Malabar Place - Application for Fence Exemption
https://www.toronto.ca/legdocs/mmis/2023/ny/bgrd/backgroundfile-236057.pdf

Motions

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

That North York Community Council:

1. Grant the exemption permit, to the owner(s) of 11 Malabar Place, to allow them to maintain the chain link fence with greater than 2.4 meters between posts.

2. Grant the exemption permit, to the owner(s) of 11 Malabar Place, to allow them to maintain an enclosure closer than 1.2 metres from the waters edge.

3. Direct and require that the existing fence be maintained in good repair without alteration.

4. 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.