Item - 2025.NY24.1

Tracking Status

  • This item was considered by North York Community Council on June 4, 2025. The North York Community Council postponed consideration of this item. Consult the text of the decision for further information on the deferral.
  • See also 2025.NY22.6

NY24.1 - 499 Briar Hill Avenue - Request for a Fence Exemption to the Toronto Municipal Code, Chapter 447

Decision Type:
ACTION
Status:
Deferred
Schedule Type:
Delegated
Ward:
8 - Eglinton - Lawrence

Public Notice Given

Community Council Decision

North York Community Council:

 

1. Deferred the consideration of the item until the September 17, 2025 meeting of the North York Community Council.

Origin

(February 19, 2025) Report from the District Manager, Municipal Licensing and Standards, West 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 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.

Background Information

(February 19, 2025) Report and Attachments A to C from the District Manager, Municipal Licensing and Standards, West District on 499 Briar Hill Avenue - Request for a Fence Exemption to the Toronto Municipal Code, Chapter 447
https://www.toronto.ca/legdocs/mmis/2025/ny/bgrd/backgroundfile-255167.pdf

Communications

(April 2, 2025) Submission from Benjamin Shapiro (NY.New)
(April 17, 2025) Submission from Benjamin Shapiro (NY.Supp)

Speakers

Benjamin Shapiro

Motions

Motion to Set Committee Rule moved by Councillor Mike Colle (Carried)

That North York Community Council permit public speakers who have already spoken on the deferred item, NY24.1 499 Briar Hill Avenue - Request for a Fence Exemption to the Toronto Municipal Code, Chapter 447, to register to speak at the June 4, 2024 meeting.


Motion to Adopt Item moved by Councillor Shelley Carroll (Redundant)

Motion to Defer Item moved by Councillor Mike Colle (Carried)

That consideration of the item be deferred until the September 17, 2025 meeting of the North York Community Council.

Vote (Defer Item) Jun-04-2025

Result: Carried Majority Required
Total members that voted Yes: 4 Members that voted Yes are Lily Cheng, Rachel Chernos Lin, Mike Colle, James Pasternak (Chair)
Total members that voted No: 1 Members that voted No are Shelley Carroll
Total members that were Absent: 1 Members that were absent are Jon Burnside
Source: Toronto City Clerk at www.toronto.ca/council