Item - 2026.NY33.13

North York Community Council:

1. Granted a fence exemption for the property owner of 63 Bernick Road; directed and required that the enclosure be maintained in good repair without alteration; and at such time as replacement of the enclosure is required that such installation will comply with Municipal Code Chapter 447, Fences, or its successor by-law.

The Applicant for 63 Bernick Road has requested North York Community Council to exempt their property from the following by-law requirements:

1. City of Toronto Municipal Code Chapter 447

Section 447‑1.3E(1)(a) - A swimming pool enclosure, including any gate forming part of the enclosure, shall be located no closer than 1.2 metres (4 ft) horizontally from the water’s edge of the pool.

2. Section 447‑1.3E(2)(a) - Gate and end (terminal) posts for a chain‑link fence shall be embedded to a minimum depth of 760 millimetres (30 inches) in concrete with a minimum diameter of 200 millimetres.

The applicant for 63 Bernick Road is requesting an exemption to permit the existing rear yard fence to remain as constructed. The fence enclosure is located closer than the required 1.2 metres (4 feet) horizontally from the water’s edge of the swimming pool and remains at a setback of approximately 0.648 metres (25.5 inches).

In addition, the applicable by‑law requires that chain‑link fence posts for a swimming pool enclosure be embedded to a minimum depth of 760 millimetres (30 inches) in concrete. In this instance, however, the fence has been surface‑mounted and bolted into patio stones using anchor bolts and therefore does not meet the required embedment depth or construction standards set out in the by‑law.

Municipal Licensing and Standards Division has inspected the subject property and issued a notice of violation under City of Toronto Municipal Code Chapter 447. - Fences