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
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
https://www.toronto.ca/legdocs/mmis/2026/ny/bgrd/backgroundfile-287482.pdf
Motions
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.