January 26, 1998
To: North York Community Council
From: George M. Dixon,
City Solicitor, North York
Subject: Fence - Swimming Pool Enclosure - 30 Florida Crescent - in the Community of North York, Ward 6
Purpose:
To report on an application to permit the existing swimming pool enclosure to remain as constructed on the property municipally known as 30 Florida Crescent notwithstanding that a portion of the fence does not comply with North York Fence By-law 30901, as amended.
Financial Implications:
There are no financial implications for the City.
Recommendations:
It is recommended that the existing chain link fence located on the west and north side of the property be maintained as constructed.
Background:
The former City of North York enacted Fence By-law 30901 on July 8, 1992 being a by-law for requiring the owners of privately owned outdoor swimming pools to erect and maintain fences and gates around such swimming pools.
Discussion:
The subject property is located on the north side of Florida Crescent and contains a single family dwelling with an in-ground swimming pool in the rear yard. The pool was installed approximately 20 years ago. The owner recently erected a new wood fence along his east property line in compliance with the fence by-law. The remainder of the pool enclosure consists of an existing 1.2m (4 foot) high chain link fence with 5.08cm (2 inch) wire mesh on it. The fence by-law requires that the wire mesh on the chain link fence be 38mm (1
inches). The majority of the chain link fence is imbedded in a cedar hedge making access to the pool area more difficult however, there are a couple of gaps in the cedar hedge which are cause for concern. Accordingly, if the chain link fence is permitted to remain with 5.08cm (2 inch) wire mesh, new hedging should be planted to fill in the gaps.
Conclusions:
It is therefore recommended that a by-law be enacted to permit the existing chain link fence located along the north and west property lines to be maintained with 5.08cm (2 inch) wire mesh subject to :
1) the fence be maintained in compliance with the fence by-law in all other respects and,
2) any gaps in the cedar hedge be planted with new cedar hedging,
3) the cedar hedge be maintained in a healthy growing condition,
4) the appropriate City Officials be authorized and directed to take the necessary action to give effect thereto.
Contact Name:
David Roberts, Director of By-law Enforcement Services,
North York Civic Centre
395-7020, Fax 395-7056
E-mail: Dave@City.North-York.on.ca
George M. Dixon
City Solicitor, North York
