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North York Community Council · 2022-05-24 · 2022.NY32.29

The filed record

Application for Fence Exemption - 3 Clarinda Drive

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The decision

2022-05-24 · North York Community Council · amended

As filed

North York Community Council: 1. Granted the application for an exemption permit, by the owner(s) of 3 Clarinda Drive, to allow them to maintain openings in the wall of a building that form part of the swimming pool enclosure and allow the swimming pool enclosure to have a distance of 1.16 meters (3.7 feet) from the enclosure to the water's edge. Directed and required that at such time as a replacement of the fence is required that such installation will comply with Municipal Code Chapter 447, Fences, or its successor by-law.

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 consider an application by the owner(s) of 3 Clarinda Drive to allow openings in the wall of a building that form part of the swimming pool enclosure contrary to the City of Toronto Municipal Code Chapter 447-1.3(C)3 Access Protection. Also to consider allowing the swimming pool enclosure to have a distance of 1.16 meters (3.7 feet) from the enclosure to the water's edge contrary to the City of Toronto Municipal Code Chapter 447-1.3E.(1).(a) Construction Standards.

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A Notice of Violation was issued on May 2, 2022.

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 owner(s) of 3 Clarinda Drive, to maintain openings in the wall of the building that form part of the swimming pool enclosure and to allow the swimming pool enclosure to have a distance of 1.16 meters (3.7 feet) from the enclosure to the water's edge which does not comply with the Toronto Municipal Code, Chapter 447-1.3(C)3 Access Protection and 447-1.3E.(1).(a) Construction Standards.

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OR 2. Grant the application for an exemption permit, by the owner(s) of 3 Clarinda Drive, to allow them to maintain openings in the wall of a building that form part of the swimming pool enclosure and allow the swimming pool enclosure to have a distance of 1.16 meters (3.7 feet) from the enclosure to the water's edge. Direct and require that at such time as a 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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