The filed record
63 Bernick Road - Application for Fence Exemption
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The decision
2026-05-26 · North York Community Council · amended
As filed
North York Community Council: 1. Granted a fence exemption for the property owner of 63 Bernick Road; directed and required that the enclosure be maintained in good repair without alteration; and at such time as replacement of the enclosure 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
The Applicant for 63 Bernick Road has requested North York Community Council to exempt their property from the following by-law requirements: 1. City of Toronto Municipal Code Chapter 447 Section 447‑1.3E(1)(a) - A swimming pool enclosure, including any gate forming part of the enclosure, shall be located no closer than 1.2 metres (4 ft) horizontally from the water's edge of the pool. 2. Section 447‑1.3E(2)(a) - Gate and end (terminal) posts for a chain‑link fence shall be embedded to a minimum depth of 760 millimetres (30 inches) in concrete with a minimum diameter of 200 millimetres.
Show the rest of As the city filed it, 914 more characters as filed
The applicant for 63 Bernick Road is requesting an exemption to permit the existing rear yard fence to remain as constructed. The fence enclosure is located closer than the required 1.2 metres (4 feet) horizontally from the water's edge of the swimming pool and remains at a setback of approximately 0.648 metres (25.5 inches). In addition, the applicable by‑law requires that chain‑link fence posts for a swimming pool enclosure be embedded to a minimum depth of 760 millimetres (30 inches) in concrete. In this instance, however, the fence has been surface‑mounted and bolted into patio stones using anchor bolts and therefore does not meet the required embedment depth or construction standards set out in the by‑law. Municipal Licensing and Standards Division has inspected the subject property and issued a notice of violation under City of Toronto Municipal Code Chapter 447. - Fences
Staff recommended
The District Manager, Municipal Licensing and Standards, East District recommends that North York Community Council pursuant to City of Toronto Municipal Code Fences Chapter 447 Section 447‑1.3E(1)(a) and Section 447‑1.3E(2)(a): 1. Refuse to grant an exemption to Chapter 447, Fences, to the property owner of 63 Bernick Road, for the existing fence described in the Summary of this report
On the record
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