Item - 2024.NY17.31

Tracking Status

This item was considered by North York Community Council on September 24, 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.

NY17.31 - 123 Sheldrake Boulevard - 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 the application for a fence exemption by the property owner of 123 Sheldrake Boulevard. Thereby allowing the proposed fence to remain as is. 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

(July 16, 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 123 Sheldrake Boulevard to allow the current metal balcony guard to remain at a height of 1.15 metres (3.79 feet) which does not meet the required height of 1.2 metres (4 feet).

This is contrary to the City of Toronto Municipal Code Chapter 447 1.3.D(1) Swimming Pool Enclosures - Enclosure Height.

Please note, a previous fence exemption request was submitted and adopted by council with respect to a self closing / self latching rear egress door on January 24, 2024.

Background Information

(July 16, 2024) Report and Attachment 1 to 2 from the District Manager, Municipal Licensing and Standards, East District on 123 Sheldrake Boulevard - Fence Exemption
https://www.toronto.ca/legdocs/mmis/2024/ny/bgrd/backgroundfile-248120.pdf

Communications

(September 10, 2024) Submission from Dino and Helen DiVito (NY.Supp)

Motions

Motion to Adopt Item as Amended moved by Councillor James Pasternak (Carried)

That North York Community Council:

1. Grant the application for a fence exemption by the property owner of 123 Sheldrake Boulevard. Thereby allowing the proposed fence to remain as is. 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.