Application for Fence Exemption - 7 Ralston Avenue

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The decision

2022-06-29 · Toronto and East York Community Council · amended

As filed

The Toronto and East York Community Council: 1. Granted the application for an exemption permit, by the owner(s) of 7 Ralston Avenue, to maintain a wrought iron gate in the rear yard that measures 1.4 meters (4.7 feet) and has a wrought iron horizontal bar that provides a 1.2 meter (4 feet) distance from the horizontal bar to the locking mechanism. Directed and required that the existing fence be maintained in good repair without alteration.

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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 Toronto and East 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 7 Ralston Avenue to maintain a wrought iron gate in the rear yard that measures 1.4 meter (4.7 feet) and has a wrought iron horizontal bar that provides a 1.2 meter (4 feet) distance from the horizontal bar to the locking mechanism.

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The wrought iron spindles means moving the latch to the pool-side of the gate is not an ideal solution. Replacing the gate with a solid panel would raise a security concern. The Toronto Municipal Code, Chapter 447-1.3C (6.C.1) - Access Protection states that every gate in a swimming pool enclosure shall be self-closing and equipped with a lockable, self-latching device located on the inside near the top of the gate or on the outside at least 1.5 meters above grade.

Staff recommended

Municipal Licensing and Standards recommends that the Toronto and East York Community Council: 1. Refuse to grant the application for an exemption permit, by the owner(s) of 7 Ralston Avenue, to maintain a wrought iron gate in the rear yard that measures 1.4 meters (4.7 feet) and has a wrought iron horizontal bar that provides a 1.2 meter (4 feet) distance from the horizontal bar to the locking mechanism, which does not comply with the Toronto Municipal Code, Chapter 447, Fences, specifically section 447-1.3C (6.C.1) - Access Protection.

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OR 2. Grant the application for an exemption permit, by the owner(s) of 7 Ralston Avenue, to maintain a wrought iron gate in the rear yard that measures 1.4 meters (4.7 feet) and has a wrought iron horizontal bar that provides a 1.2 meter (4 feet) distance from the horizontal bar to the locking mechanism. 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.

On the record

The item as the City filed it

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