Item - 2026.NY34.40

North York Community Council:

1. Referred the item to the District Manager, Municipal Licensing and Standards, East District and requested that they work with the applicant to install a Juliet gate on the door that enters from dwelling to pool area, situated on the rear wall of the house, and report to the first regular meeting of North York Community Council in the 2026-2030 term of Council with recommendations.

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 report responds to an application submitted by the property owner of 2 Green Valley Road requesting approval for a site-specific Fence Exemption under Sections 447-1.3E(2)(c)(1), 447-1.3D(1), 447-1.3E(1)(b), and 447-1.3C(1) of Toronto Municipal Code Chapter 447 – Fences.

The property owner is seeking Council’s permission to maintain two metal picket fences in the rear yard forming part of a swimming pool enclosure. The fences have horizontal rails spaced approximately 0.89 metres apart, with vertical pickets spaced greater than 38 millimetres apart. One fence encloses the walkout basement means of egress, while the other separates a portion of the rear yard from the pool area.

In addition, an existing barbeque counter measuring approximately 0.95 metres in height forms part of the pool enclosure between the dwelling and the pool area. The barbeque counter contains features that may facilitate climbing, including drawer handles and barbeque controls. The enclosure also includes an existing door that provides direct access from the dwelling into the pool area. The homeowners have advised that the door is no longer in use and intend to replace it with a fixed, non-operable window.

The existing metal picket fences, barbeque counter, and door do not comply with the requirements of Chapter 447 of the Toronto Municipal Code. The fence construction does not meet the prescribed pool enclosure standards, the barbeque counter does not meet the minimum enclosure height requirement of 1.2 metres and may facilitate climbing, and the existing door provides direct access from the dwelling into the enclosed pool area contrary to the access protection requirements of the by-law.