Item - 2026.NY34.1

North York Community Council:

1. Granted the application for a fence exemption for the property owner of 112 Dell Park Avenue; 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.

This staff report concerns a matter for which the North 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 112 Dell Park Avenue, requesting approval for a site-specific Fence Exemption under Toronto Municipal Code, Fences, for a proposed pool fence located at 112 Dell Park Avenue within the North York District.

The application relates to an existing and proposed pool enclosure that does not comply with the required setback and access protection provisions under Toronto Municipal Code Chapter 447-1.3C (3) and 447-1.3E(1)(a). Specifically, the enclosure does not meet the minimum required setback from the pool water’s edge and the required separation from the last step of the dwelling. In addition, the proposed configuration incorporates the dwelling wall as part of the pool enclosure, resulting in non-compliance with access protection requirements, as access is provided through the building wall.

The owner of 112 Dell Park Avenue is seeking relief from these requirements through a site-specific exemption.

The proposed fence does not create any sightline obstruction.

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

This report responds to an application submitted by the owner of 112 Dell Park Avenue requesting a site-specific Fence Exemption under Toronto Municipal Code Chapter 447, Fences, for an existing and proposed pool enclosure located within the North York District.

The application relates to an existing pool enclosure that does not comply with the setback requirements prescribed under Toronto Municipal Code Chapter 447-1.3E(1)(a) and 447-1.3E(1)(b). Specifically, the enclosure does not maintain the minimum required separation distance from the pool water’s edge and does not provide the required clearance from the last step of the dwelling.

The owner is seeking relief from these provisions through a site-specific exemption application to permit the existing and proposed configuration of the pool enclosure.

Staff have reviewed the application and note that the proposed fence does not create any sightline obstruction or visibility concerns for pedestrians or vehicular traffic.