Request for Fence Exemption - Rear Yard - 89 Overbrook Place

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The decision

2019-09-16 · North York Community Council · amended

As filed

North York Community Council: 1. Granted the application for the fence exemption for the fence at 89 Overbrook Place, with the following condition: a. that the window latching does not enable more than 4 inches of access, and that the gates' latchings remain in good repair and ensures secure access. 2. Directed and requires that the installation be maintained in good repair without alteration. 3. Directed and requires

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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 89 Overbrook Place 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.Sec 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.

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The subject property 89 Overbrook Place is located in Ward 6 - York Centre, on a residentially zoned property. GENERAL LOCATION SPECIFIC LOCATION EXISTING CONSTRUCTION & DEFICIENCY BY-LAW SECTION & REQUIREMENT Rear Yard Rear Yard B 1.3.Sec 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. Pool Enclosure is required to prevent entry to the pool area from the main dwelling. Chapter 447 1.3.Sec 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 and 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, 89 Overbrook Place for the fence for failing to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences and that a second un-appealable Notice of Violation be issued under the City of Toronto Municipal Code Chapter 447 Fences.

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Or, 2. Grant the application for the fence, without conditions. 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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