Item - 2025.NY26.1

North York Community Council:

1. Withdrew item NY26.1 from consideration at the September 17, 2025 meeting of the North York Community Council as the property owners have advised that they are willing to comply with the Order and will forego the fence exemption.

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.

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 inform Community Council of an application submitted by the property owner of 499 Briar Hill Avenue requesting a site-specific Fence Exemption under Section 447-1.5(B) of the Toronto Municipal Code, Chapter 447 – Fences. The application was initially considered on April 2, 2025, under Item NY22.6 at which time the decision was made to defer the matter to April 30, 2025 under item NY23.3, meeting of the North York Community Council. The item was further deferred to June 4,2025 under item NY24.1 and then to September 17, 2025.

Subsequently, the property owners advised they are willing to comply with the Order and forego the fence exemption.