STAFF REPORT ACTION REQUIRED Application for Fence Exemption 54 Odessa Avenue Date: January 29, 2015 To: From: Wards: Reference Number: Etobicoke York Community Council Eletta Purdy, District Manager, Municipal Licensing and Standards Ward 3, Etobicoke Centre Municipal Licensing and Standards Folder No. 14 158940 FEN SUMMARY This staff report is in regard to a matter for which the Etobicoke York Community Council has delegated authority from City Council to make a final decision. The purpose of this report is to consider an application for a fence exemption submitted by the property owner of 54 Odessa Avenue to erect a vinyl clad fence in the side yard as a replacement pool enclosure. The proposed pool fence enclosure would violate Toronto Municipal Code Chapter 447 - Fences regarding construction standards and gate height. RECOMMENDATIONS Municipal Licensing and Standards recommends that the Etobicoke York Community Council: 1. Refuse the request for a fence exemption submitted by the property owner of 54 Odessa Avenue to erect a swimming pool enclosure of vinyl clad fencing and a gate that is less than 1.2 meters high, as it does not comply with the fence construction standards and the minimum gate height requirements in Toronto Municipal Code Chapter 447 Fences. Financial Impact The recommendations in this report have no financial impact.
DECISION HISTORY An application for a fence exemption was submitted by the property owner of 54 Odessa Avenue. The proposed fence will be located in the rear yard. Accordingly, the adjacent properties have been notified by the City Clerk's Office of the date the application for exemption will be considered by Etobicoke York Community Council. (Attachment 1) ISSUE BACKGROUND The property owners of 54 Odessa submitted their application for a fence exemption on their own initiative as they plan to replace the existing pool fence enclosure. The existing enclosure was approved by the Former Borough of Etobicoke Building Department on June 3, 1974. The enclosure is chain link which now includes overgrown hedges which are potential climbable features. The property owner wants to remove the hedges and replace the existing fencing with a private, safe and esthetically pleasing swimming pool enclosure. (Attachments 2 to 4 and 10) The property owner would like to replace the enclosure with a 1.8 meters (6 feet) high vinyl clad fence. The fence panels are above the required minimum 1.2 meters (4 feet) high. The proposed gate will be self latching, self closing and lockable however the nonclimbable lower portion will be 6 centimeters (~2.5 inches) shorter than required height of 1.2 meters. The property owner has provided a copy of the uniform load testing of the proposed vinyl fencing material. (Attachments 5 to 9) The north wall of the existing residence and garage will form part of the pool enclosure. There is an access door that leads from the garage to the swimming pool enclosure area. The owner will ensure this door is self latching, self closing and lockable as is similarly required for pool enclosure gates in Toronto Municipal Code Chapter 447 - Fences. The Fence Exemption application was submitted by the property owner in order to provide the privacy, security and is aesthetically pleasing. COMMENTS The proposed fence and swimming pool enclosure is considered a violation of City of Toronto Municipal Code Chapter 447 - Fences, with respect to construction standards and gate height for a swimming pool enclosure fence. Should the staff recommendation not be accepted and the exemption request be approved, the following condition should be included: 1. When the fence is replaced, it shall be constructed in compliance with the City of Toronto Municipal Code, Chapter 447, Fences or its successor by-law.
CONTACT Gail Pryce, District Supervisor Municipal Licensing and Standards Etobicoke York District Tel: 416-396-7431 Fax: 416-394-2904 E-mail: gpryce@toronto.ca SIGNATURE Eletta Purdy, District Manager Municipal Licensing and Standards Etobicoke York District ATTACHMENTS Attachment 1: View of properties within 60 meter radius of 54 Odessa Avenue Attachment 2: Ariel view showing property lines Attachment 3: 1974 Approved Pool Enclosure Site Plan Attachment 4: 1974 Approved Pool Enclosure Detail Attachment 5: Drawing of Proposed Fence Attachment 6: Diagram of Vinyl Clad fence The Urban Design Attachment 7: Diagram of Alpha Outdoor Products Urban Fence Panel Attachment 8: Alpha Outdoor Products Urban Gate Attachment 9: Alpha Outdoor Products Uniform Load Test January 29, 2010 (5 pages) Attachment 10: Swimming Pool enclosure view towards Odessa Avenue
Attachment 1: View of properties within 60 meter radius of 54 Odessa Avenue
Attachment 2: Ariel view showing property lines
Attachment 3: 1974 Approved Pool Enclosure Site Plan
Attachment 4: 1974 Approved Pool Enclosure Detail
Attachment 5: Drawing of Proposed Fence
Attachment 6: Diagram of Vinyl Clad fence The Urban Design
Attachment 7: Diagram of Alpha Outdoor Products Urban Fence Panel
Attachment 8: Alpha Outdoor Products Urban Gate
Attachment 9: Alpha Outdoor Products Uniform Load Test January 29, 2010
Attachment 10: Current Swimming Pool Enclosure - view towards Odessa Avenue