Item - 2025.NY22.6

North York Community Council:

1. Deferred the consideration of this item until the April 30, 2025 meeting of North York Community Council.

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 advise Community Council concerning an application by the property owner of 499 Briar Hill Avenue for a site-specific Fence Exemption, pursuant to Section 447-1.5(B) of Toronto Municipal Code, Chapter 447 - Fences. The property owner is seeking Community Council’s permission to maintain the follow:

1. A gate on the second story deck in the rear of the property that will not comply with the standards stipulated by Section 447-1.3(D)(1). This gate is made from tempered glass and measured at 1.06 metres in height.

2. An enclosure from the walkout basement that will not comply with the standards stipulated by section 447-1.3 (E) (1) (b). This enclosure is not located more than one metre away to any external condition that may facilitate climbing.

A Notice of Violation was issued to the property owners on December 6, 2024. The property owner has implemented alternative safety measures, including an enclosure constructed from marine-grade mesh vinyl material. This enclosure, measuring 1.2 metres in height, surrounds the east and south sides of the pool. Additionally, a pool cover, made from heavy-duty vinyl composite, has been installed, covering an area of 26.7 square meters. However, both measures do not comply with the requirements outlined in the Toronto Municipal Code, Chapter 447 - Fences.