Request for a Fence Exemption to the Toronto Municipal Code, Chapter 447 - 62 Chartwell Road

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The decision

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

As filed

The Etobicoke Community Council: 1. Granted the application for a fence exemption permit, with condition that additional equipment such as mirrors, monitoring cameras and pool alarm, or combination thereof, to the satisfaction of the Executive Director, Municipal Licensing and Standards, is installed thereby allowing the pool enclosure to be constructed and maintained and properly viewed from the main living area of the home.

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2. Directed and required 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 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 62 Chartwell 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 allow for a fence, which does not comply with the construction of a swimming pool meeting the standards stipulated by Section 447-1.3(E)(3) of the bylaw.

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The swimming pool enclosure is located in the rear yard and is not constructed of open mesh construction. The enclosure uses a garage wall as part of the construction and does not allow for visibility of the pool from the main living area.

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 62 Chartwell Road, for a fence that fails to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences and to issue a notice to the property owner to bring the fence into compliance.

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OR 2. Grant the application for a fence exemption permit (with or without conditions), thereby allowing the fence to be maintained as constructed. 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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