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Toronto and East York Community Council · 2025-07-08 · 2025.TE24.28

The filed record

127 Kilbarry Road - Application for Fence Exemption

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The decision

2025-07-08 · Toronto and East York Community Council · withdrawn

As filed

The Toronto and East York Community Council withdrew Item TE24.28 from the agenda as requested by the applicant.

On the agenda

As the city filed it

The Applicant for 127 Kilbarry Road has requested Toronto and East York Community Council to exempt their property from the following by-law requirements: City of Toronto Municipal Code Chapter 447-1.3C(1), 1.3C(3), 1.3C(6)(c)[1], and 1.3E(2)(b)[1](d)(b) 447-1.3. Swimming pool enclosures. C. Access protection. (1) Subject to subsection C(2), a swimming pool enclosure shall be designed and constructed so that all entrances to any buildings are located outside the enclosed area.

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(3) If the wall of any building, or any portion of it, forms part of the pool enclosure, there shall be no access to the enclosed pool area through the wall. (6) Every gate in a swimming pool enclosure shall: (c) If it is a single gate: [1] 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 metres above grade E. Construction standards. (2) Every fence and gate used in a swimming pool enclosure shall be constructed to the following standards: (b) A wood fence used in a swimming pool enclosure shall be constructed in a good, workmanlike manner as follows: [1] Vertical boards shall be: [d] Attached to horizontal rails that are: b. Supported on substantial posts that are at least 89mm by 89mm, spaced not more than 2.4 meters apart, securely fastened to the ground and structurally sound. The Applicant for 127 Kilbarry Road is requesting an exemption for their; - Existing pool enclosure fence constructed of glass interior fence (4th fence) and wood board on board perimeter fence. - Enclosure violation specific deficiencies: - All entrances to any building must be located outside the enclosed area. - No access to the enclosed area through a wall of a building. - A self-closing and self-latching gate lock to be constructed at 1.2 metres above grade. - Wood fence shall be constructed in a good workmanlike manner and structurally sound. Municipal Licensing and Standards Division has inspected the subject property and noted the violations contrary to City of Toronto Municipal Code Chapter 447.

Staff recommended

The South District Manager, Municipal Licensing and Standards recommends that Toronto and East York Community Council pursuant to City of Toronto Municipal Code Fences Chapter 447-1.5 B: 1. Refuse to grant an exemption to Chapter 447, Fences, to the property owner of 127 Kilbarry Road, for the existing fence described in the Summary of this report.

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