Request for Fence Exemption - Pool Enclosure - 8 Fidelia Avenue

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As the city filed it

This staff report is in regards to a matter for which the North York Community Council has delegated authority from City Council to make a final decision. The purpose of this report is to consider an application submitted by the owner(s) of 8 Fidelia Avenue for a site-specific Fence Exemption, pursuant to the Toronto Municipal Code, Chapter 447- Fences. The property owner(s) is seeking Council's permission to be exempt from Chapter 447-1.3.C(3) -'If the wall of any building, or any portion of it, forms part of the pool enclosure, there shall be no access to the enclosed pool area through the wall', contrary to Section 447-1.3.C(3) of the bylaw, as detailed in the following chart: The subject property 8 Fidelia Avenue is located in Ward 15, on a residentially zoned property.

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GENERAL LOCATION SPECIFIC LOCATION PROPOSED CONSTRUCTION & DEFICIENCY BY-LAW SECTION & REQUIREMENT Rear yard Rear wall of property, leading into rear yard / Proposed enclosed pool area. Access to pool area through wall of building that forms part of a pool enclosure. Chapter 447-1.3.C(3) If the wall of any building, or any portion of it, forms part of the pool enclosure, there shall be no access to the enclosed pool area through the wall.

Staff recommended

Municipal Licensing & Standards recommends that the North York Community Council give consideration to the exemption application and decide to: 1. Refuse to grant the application for an exemption permit, by the owner(s) of 8 Fidelia Avenue, pool enclosure, for failing to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences. Or, 2. Grant the application for the proposed pool enclosure without conditions.

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Direct and require that the installation be maintained in good repair without alteration. Direct and require that at such time as replacement of the fence or enclosure is required that such installation will comply with Municipal Code Chapter 447, or its successor by-law.

Request for Fence Exemption - Pool Enclosure - 8 Fidelia Avenue

The decision

As filed

On the agenda

As the city filed it

Staff recommended

On the record

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