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←North York Community Council · 2022-06-28 · 2022.NY33.52

The filed record

Application for Fence Exemption - 188 York Mills Road

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The decision

2022-06-28 · North York Community Council · amended

As filed

North York Community Council: 1. Refused to grant the application for an exemption permit, by the owner(s) of 188 York Mills Road, to allow them to maintain the 1.0 meter (42 inch) tempered glass guard rail on the balcony and to allow access through a wall of a building that forms part of the enclosure contrary to the Toronto Municipal Code, Chapter 447, Fences, specifically section 447-1.3D(1) and 447-1.3(C)3.

The vote

Amend Item · Lost, 1-4

For (1)Jaye Robinson
Against (4)Denzil Minnan-Wong, James Pasternak, Mike Colle, Shelley Carroll
Absent (1)John Filion
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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 188 York Mills Road to maintain a 1.0 meter (42 inch) tempered glass guard rail on the balcony in the rear yard which does not meet the require height of 1.2 meters (47inches) as required in The Toronto Municipal Code, Chapter 447-1.3D(1) Table 2 - Minimum Height of swimming pool enclosure and to allow access through a wall of a building that forms part of the enclosure contrary to the City of Toronto Municipal Code Chapter 447-1.3(C)3 Access Protection.

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A Notice of Violation was issued on August 23, 2021.

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 188 York Mills Road, to allow them to maintain the 1.0 meter (42 inch) tempered glass guard rail on the balcony and to allow access through a wall of a building that forms part of the enclosure contrary to the Toronto Municipal Code, Chapter 447, Fences, specifically section 447-1.3D(1) and 447-1.3(C)3.

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OR 2. Grant the application for an exemption permit, by the owner(s) of 188 York Mills Road, to allow them to maintain the 1.0 meter (42 inch) tempered glass guard rail on the balcony and to allow access through a wall of a building that forms part of the enclosure. Direct and require that the existing fence be maintained in good repair without alteration. 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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