Item - 2024.NY13.25

Tracking Status

This item was considered by North York Community Council on May 8, 2024 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.

NY13.25 - 311 Patricia Avenue - Application for Fence Exemption

Decision Type:: ACTION

Status:: Amended

Schedule Type:: Delegated

Ward:: 18 - Willowdale

Public Notice Given

Community Council Decision

North York Community Council:

1. Granted the application for a fence exemption by the property owner of 311 Patricia Avenue, thereby allowing the existing fence to be maintained. At such time as replacement of the fence is required that such installation will comply with Municipal Code Chapter 447, Fences or its successor by-law.

Origin

(April 2, 2024) Report from the District 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 311 Patricia Avenue to maintain an existing pool enclosure in the rear yard. The height of the pool enclosure fence exceeds the height of the bylaw. The rear yard (West fence) measures 2.16 meters in height. The rear yard (South fence) measures 2.1 meters in height. The rear yard (East fence) measure 2.13 meters high.

The gates of the pool enclosure do not have self closing / self latching devices and the latches are not the required height. There are egresses from the dwelling leading directly into the enclosure.

This is contrary to the Toronto Municipal Code, Chapter 447-1.3.

Background Information

(April 2, 2024) Report and Attachments 1 to 8 District Manager, Municipal Licensing and Standards, East District on 311 Patricia Avenue - Application for Fence Exemption
https://www.toronto.ca/legdocs/mmis/2024/ny/bgrd/backgroundfile-244716.pdf

Motions

Motion to Adopt Item as Amended moved by Councillor Lily Cheng (Carried)

That North York Community Council:

1. Grant the application for a fence exemption by the property owner of 311 Patricia Avenue, thereby allowing the existing fence to be maintained. At such time as replacement of the fence is required that such installation will comply with Municipal Code Chapter 447, Fences or its successor by-law.