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←North York Community Council · 2021-04-20 · 2021.NY23.38

The filed record

Request for Fence Exemption - 24 Swiftdale Place

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The decision

2021-04-20 · North York Community Council · amended

As filed

North York Community Council: 1. Refused to grant the application for an exemption permit, by the owners of 24 Swiftdale Place, for a proposed 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 North 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 submitted by the owner of 24 Swiftdale Place for a site-specific Fence Exemption, pursuant to Section 447- 1.5 B. (1) of Toronto Municipal Code, Chapter 447- Fences. The property owner is seeking Council's permission to exempt the location of the Swimming Pool Enclosure Gate in the rear yard which does not comply with the location restrictions in Section 447-1.3.

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E. (1) (a) a violation as detailed below in the following chart: The subject property, 24 Swiftdale Place, is located in Ward 16, in a residential zone property. GENERAL LOCATION SPECIFIC LOCATION CONSTRUCTION & DEFICIENCY BY-LAW SECTION & REQUIREMENT* Rear yard Pool Enclosure in the rear yard. Juliet Gate around rear door from Garage. The Juliet Gate constructed out of 38mm chain link fencing is too close to the pool. Section 447-1.3. (1) A swimming pool enclosure, including any gate forming part of the enclosure, shall: (a) Be no closer than 1.2 metres horizontally to the water's edge in the pool;

Staff recommended

Municipal Licensing and Standards recommends that the North York Community Council: 1. Refuse to grant the application for an exemption permit, by the owners of 24 Swiftdale Place, for a proposed fence that fails to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences. OR 2. Grant the application for the proposed fence thereby to be constructed at 24 Swiftdale Place. Direct and require that at such

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time as replacement of the fence is required that such installation will comply with Municipal Code Chapter 447, Fences, or its successor by-law.

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