Purpose:

To report on an application (August 18, 1999) received from Mrs. Joanne Positano requesting an exemption to North York Fence By-Law No. 30901, as amended.

Financial Implications:

There are no financial implications for the City.

Recommendation:

It is recommended that the request for an exemption to the North York Fence By-Law No. 30901, be approved.

Background:

The former City of North York enacted the Fence By-Law No. 30901 on June 28, 1989, being a by-law prescribing the height and description of lawful fences in the former City of North York, and for requiring the owners of privately owned outdoor swimming pools to erect and maintain fences and gates around such swimming pools.

On August 24, 1999, a Notice of Violation was issued to the owners concerning this matter.

Section 2.3.6 of By-Law No. 30901, provides as follows:

"Except for above-ground pools complying with Section 2.6, no swimming pool enclosure shall be erected closer than 1.2m (4') from the edge of the water contained in the pool."

Whereas the enclosure has been erected on the east side of the rear yard, slightly more than 1m (40.5") from the edge of the water contained in the pool.

Discussion:

The inground pool is already installed and the fence enclosure is at or near the property line. Accordingly, this measurement cannot be altered to comply.

Conclusions:

It is recommended that this request for an exemption to the North York Fence By-Law #30901, to permit the reduced setback from the enclosure to the edge of the water in the pool, be approved subject to the enclosure being maintained in accordance with the provisions of the by-law in all other respects.