4 Berryton Avenue - Request for a Fence Exemption to the Toronto Municipal Code, Chapter 447

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The decision

2026-05-26 · Etobicoke York Community Council · amended

As filed

The Etobicoke York Community Council: 1. Granted the application for a Fence Exemption Permit at 4 Berryton Avenue be approved, to permit the installation of a Juliette-style gate and enclosure that does not comply with Section 447-1.3.C.(3) of Toronto Municipal Code, Chapter 447 (Fences); and 2. Required that approval of Part 1 be conditional upon the property owner satisfying all requirements to the satisfaction of

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the Executive Director, Municipal Licensing and Standards, including inspection and final approval, to ensure that the proposed enclosure provides adequate safety and restricts access to the pool area.

The vote

Amend Item · Carried, 3-1

For (3)Amber Morley, Anthony Perruzza, Frances Nunziata

Against (1)Stephen Holyday

Absent (1)Vincent Crisanti

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On the agenda

As the city filed it

This staff report concerns a matter for which the Etobicoke York Community Council has delegated authority from City Council to make a final decision. This report responds to an application submitted by the property owner of 4 Berryton Avenue, requesting approval for a site-specific Fence Exemption under Toronto Municipal Code, Chapter 447 - 1.3C.(3) Fences, for a proposed pool fence located at 4 Berryton Avenue within the Etobicoke York District.

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The purpose of this report is to advise Council concerning an application by the property owner of 4 Berryton Avenue for a site-specific Fence Exemption, pursuant to Section 447-1.3.C.(3) of Toronto Municipal Code, Chapter 447, Fences. The property owner is seeking Council's permission to allow for a Juliette-style gate, which does not comply with the standards stipulated by Section 447 - 1.3C.(3) of the by-law. The property owner is seeking relief from the by-law regulations to be able to use a Juliette-style enclosure and gate to prevent access into the pool area. If the owner was to erect a 4th fence between the pool and the deck, there will be limited access to move in that area. The proposed fence does not create a sightline obstruction.

Staff recommended

The District Manager, Municipal Licensing and Standards, West District recommends that Etobicoke York Community Council: 1. Refuse to grant the application for exemption by the owner of 4 Berryton Avenue because the fence fails to comply with the provisions of Toronto Municipal Code, Chapter 447 Fences.

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