Item - 2026.EY32.8

Tracking Status

  • This item was considered by Etobicoke York Community Council on May 26, 2026 and was adopted with amendments. City Council has delegated authority for this matter to the Etobicoke York Community Council and therefore, the decision is final.

EY32.8 - 4 Berryton Avenue - Request for a Fence Exemption to the Toronto Municipal Code, Chapter 447

Decision Type:
ACTION
Status:
Amended
Schedule Type:
Delegated
Ward:
5 - York South - Weston

Public Notice Given

Community Council Decision

The Etobicoke York Community Council: 

 

1. Granted the application for a Fence Exemption Permit at 4 Berryton Avenue be approved, to permit the installation of a Juliette-style gate and enclosure that does not comply with Section 447-1.3.C.(3) of Toronto Municipal Code, Chapter 447 (Fences); and

 

2. Required that approval of Part 1 be conditional upon the property owner satisfying all requirements to the satisfaction of the Executive Director, Municipal Licensing and Standards, including inspection and final approval, to ensure that the proposed enclosure provides adequate safety and restricts access to the pool area.

Origin

(April 13, 2026) Report from the District Manager, Municipal Licensing and Standards, West District

Summary

This staff report concerns a matter for which the Etobicoke York Community Council has delegated authority from City Council to make a final decision.

 

This report responds to an application submitted by the property owner of 4 Berryton Avenue, requesting approval for a site-specific Fence Exemption under Toronto Municipal Code, Chapter 447 - 1.3C.(3) Fences, for a proposed pool fence located at 4 Berryton Avenue within the Etobicoke York District.

 

The purpose of this report is to advise Council concerning an application by the property owner of 4 Berryton Avenue for a site-specific Fence Exemption, pursuant to Section 447-1.3.C.(3) of Toronto Municipal Code, Chapter 447, Fences. The property owner is seeking Council's permission to allow for a Juliette-style gate, which does not comply with the standards stipulated by Section 447 - 1.3C.(3) of the by-law.

 

The property owner is seeking relief from the by-law regulations to be able to use a Juliette-style enclosure and gate to prevent access into the pool area. If the owner was to erect a 4th fence between the pool and the deck, there will be limited access to move in that area.

 

The proposed fence does not create a sightline obstruction.

Background Information

(April 13, 2026) Revised Report and Attachments 1 to 4 from the District Manager, Municipal Licensing and Standards, West District on 4 Berryton Avenue - Request for a Fence Exemption to the Toronto Municipal Code, Chapter 447
https://www.toronto.ca/legdocs/mmis/2026/ey/bgrd/backgroundfile-287232.pdf
(April 13, 2026) Report and Attachments 1 to 5 from the District Manager, Municipal Licensing and Standards, West District on 4 Berryton Avenue - Request for a Fence Exemption to the Toronto Municipal Code, Chapter 447
https://www.toronto.ca/legdocs/mmis/2026/ey/bgrd/backgroundfile-286326.pdf

Communications

(May 25, 2026) E-mail from Mark Fabris (EY.New)

Motions

Motion to Amend Item moved by Councillor Frances Nunziata (Carried)

That the Etobicoke York Community Council:

 

1. Grant the application for application for a Fence Exemption Permit at 4 Berryton Avenue be approved, to permit the installation of a Juliette-style gate and enclosure that does not comply with Section 447-1.3.C.(3) of Toronto Municipal Code, Chapter 447 (Fences); and

 

2. That approval be conditional upon the property owner satisfying all requirements to the satisfaction of the Executive Director, Municipal Licensing and Standards, including inspection and final approval, to ensure that the proposed enclosure provides adequate safety and restricts access to the pool area.

Vote (Amend Item) May-26-2026

Result: Carried Majority Required
Total members that voted Yes: 3 Members that voted Yes are Amber Morley, Frances Nunziata, Anthony Perruzza
Total members that voted No: 1 Members that voted No are Stephen Holyday (Chair)
Total members that were Absent: 1 Members that were absent are Vincent Crisanti
Source: Toronto City Clerk at www.toronto.ca/council