Item - 2026.NY34.49

Tracking Status

  • This item was considered by North York Community Council on July 7, 2026 and was adopted with amendments. City Council has delegated authority for this matter to the North York Community Council and therefore, the decision is final.

NY34.49 - 59 Hesketh Court - Application for Fence Exemption

Decision Type:
ACTION
Status:
Amended
Schedule Type:
Delegated
Ward:
16 - Don Valley East

Public Notice Given

Community Council Decision

North York Community Council:

 

1. Granted the application for a fence exemption for the property owner of 59 Hesketh Court; 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.

Origin

(May 29, 2026) Report from the District Manager, Municipal Licensing and Standards, East District

Summary

The applicant for 59 Hesketh Court has requested North York Community Council to exempt their property from the following by-law requirements:

 

City of Toronto Municipal Code Chapter 447 E.(2)(a)(2)

 

and

 

City of Toronto Municipal Code Chapter 447, 1.3E.(1).(b)

 

The applicant 59 Hesketh Court is requesting an exemption for their existing fence as constructed: The terminal fence posts are not installed to the required depth in concrete as per the bylaw. Furthermore, the swimming pool enclosure, has climbable conditions and thus, the enclosure is less than the minimum required height of 1.8 metres, as an external condition that provides a means of climbing the outside of the enclosure is situated within 1.0 metres.

 

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

Background Information

(May 29, 2026) Report and Attachments 1 to 5 from the District Manager, Municipal Licensing and Standards, East District on 59 Hesketh Court - Application for Fence Exemption
https://www.toronto.ca/legdocs/mmis/2026/ny/bgrd/backgroundfile-287482.pdf

Motions

Motion to Adopt Item as Amended moved by Councillor Jon Burnside (Carried)

That North York Community Council:

 

1. Grant the application for a fence exemption for the property owner of 59 Hesketh Court; direct and require 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.

Source: Toronto City Clerk at www.toronto.ca/council