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North York Community Council · 2019-06-25 · 2019.NY7.41

The filed record

Request for Fence Exemption - Rear Yard - 36 Old Colony Road

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The decision

2019-06-25 · North York Community Council · amended

As filed

North York Community Council: 1. Granted the application for the swimming pool enclosure to be retained with chain link mesh size, and spacing of fence posts in excess of that permitted by the bylaw for the property at 36 Old Colony Road, without conditions. 2. Directed and requires that the installation be maintained in good repair, without alteration. 3. Directed and requires that at such time as replacement of the fence is required that such installation will comply with Municipal Code Chapter 447, or its successor by-law.

On the agenda

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 36 Old Colony Rd 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 retain an existing fence which forms part of their tennis court, to form one side of the swimming pool enclosure and therefore be exempt from Chapter 447-1.3.E(2)(a) - Chain link mesh size and Chapter 447 - 1.3.E(2)(a) - spacing of posts.

Show the rest of As the city filed it, 639 more characters as filed

The subject property 36 Old Colony Rd is located in Ward 15, on a residentially zoned property. GENERAL LOCATION SPECIFIC LOCATION PROPOSED CONSTRUCTION & DEFICIENCY BY-LAW SECTION & REQUIREMENT Rear Yard Fence along north edge of property forming part of the pool enclosure. Existing chain link mesh size too large. (50.8mm). Chapter 447-1.3.E(2)(a) - mesh size larger than 38mm. Rear Yard Fence along north edge of property forming part of the pool enclosure. Existing post spacing between 3.0 to 3.2 metres. (with exception of post beside gate where distance is 1.7m). Chapter 447-1.3.E(2)(a) - Spacing of posts greater than 2.4 metres.

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 36 Old Colony Road, for failing to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences, namely: chain link mesh size and maximum post spacing. Or, 2. Grant the application for the swimming pool enclosure to be retained with chain link mesh size, and spacing of fence posts in excess of that permitted by the bylaw, without conditions.

Show the rest of Staff recommended, 259 more characters as filed

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 is required that such installation will comply with Municipal Code Chapter 447, or its successor by-law.

    On the record

    The item as the City filed it

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