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Etobicoke York Community Council · 2021-06-22 · 2021.EY25.17

The filed record

Request for a Fence Exemption to the Toronto Municipal Code, Chapter 447 - 48 Rathburn Road

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The decision

2021-06-22 · Etobicoke York Community Council · amended

As filed

The Etobicoke Community Council: 1. Refused to grant the application for an exemption permit, by the property owner of 48 Rathburn Road, for a fence that fails to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences.

On the agenda

As the city filed it

This staff report concerns a matter for which the Etobicoke-York Community Council has delegated authority from City Council to make a final decision. The purpose of this report is to advise Council concerning an application by the property owner of 48 Rathburn Road for a site-specific Fence Exemption, pursuant to Section 447-1.5(B) of Toronto Municipal Code, Chapter 447- Fences. The property owner is seeking Council's permission to install an automatic swimming pool cover in lieu of a swimming pool enclosure restricting access from the rear wall, as stipulated by Section 447-1.3(A)(2) of the bylaw.

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The cover will be located in the rear yard on top of the swimming pool. The cover material is fabric and attached to a concrete frame.

Staff recommended

Municipal Licensing and Standards recommends that the Etobicoke Community Council give consideration to the exemption application and decide to: 1. Refuse to grant the application for an exemption permit, by the property owner of 48 Rathburn Road, for a fence that fails to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences. OR 2. Grant the application for a fence exemption permit, without conditions, thereby allowing the cover to be installed and maintained as constructed.

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Direct and require that the installation be maintained in good repair without alteration. 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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