Request for a Fence Exemption - 10 Charnwood Road. Pat Burke, District Manager Municipal Licensing & Standards, North District

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1 ~TORO STAFF REPORT ACTON REQURED Request for a Fence Exemption - 10 Charnwood Road Date: October 24, 2016 To: From: Wards: Reference Number: North York Community Council Pat Burke, District Manager Municipal Licensing & Standards, North District Ward 25 - Don Valley West BMS No SUMMARY This staff report concerns a matter for which ~he North York Community Council has delegated authority from City Council to make a final decision. The purpose of this report is to advise Community Council concerning an application by the property owner for a site-specific Fence Exemption, pursuant to Section C of Toronto Municipal Code, Chapter 447- Fences. The property owners are seeking Community Council's permission to maintain the constructed glass panel fences as part of the swimming pool enclosure in lieu of complying with the requirements for swimming pool enclosures stipulated in the City oftoronto Municipal Code Chapter 447. RECOMMENDATONS Municipal Licensing & Standards recommends that the North York Community Council: 1. Refuse to grant the application for an exemption permit, by the property owners of 10 Chamwood Road for the constructed glass panel fences in lieu ofcomplying with the requirements for swimming pool enclosures stipulated in City oftoronto Municipal Code Chapter 447. OR 2. Grant the application for a fence enclosure exemption, without conditions, thereby allowing the swimming pool enclosure to be maintained, as constructed and Staff report for action on Fence Exemption - 10 Charnwood Road 1

2 permit the glass panel fences, as installed. Direct and require that the installation be maintained in good repair without alteration. Direct and require that at such time as replacement of the fence enclosure is required that such installation will comply with Municipal Code Chapter 447, or its successor by-law. OR 3. Grant the application for a fence exemption permit, subject to any conditions as imposed by the North York Community Council. One condition to be considered is: That the property owner/applicant files amended drawings detailing the final as built swimming pool enclosure fencing/conditions and have the amended drawings approved as part ofthe permit under File # Financial mpact There is no financial impact anticipated in this report. DECSON HSTORY No previous decision history. SSUE BACKGROUND The subject property is a single family semi-detached dwelling situated one block east of Leslie Street and four blocks south ofyork Mills Road, in Ward 25(Attachment#1). On June 22, 2016, a permit was issued under File# to permit the installation ofa swimming pool enclosure in compliance with Chapter 441(Attachment # 2). This permit approved fence type and requirements follow Chapter 447 in the Toronto Municipal Code. nspections by staff determined that the installation ofthe glass panel fencing is in violation ofthe prescribed standards for the use ofmetal posts. On September 21, 2016, the property owners applied for a fence exemption, outlining a proposal in which the constructed glass panel fences would form part of the swimming pool enclosure, at the rear deck location. These glass panel fences at the north elevation have posts, which support the horizontal elements and frame-work that contain the glass panels, solely anchored to a wooden deck, which is not permitted. As required by Section 447-S(C), Municipal Licensing & Standards has responded to the fence enclosure exemption application by preparing this report for North York Community Council's consideration, and, the City Clerk has sent all requisite notifications of the date that the North York Community Council will consider the application. Staff report for action on Fence Exemption - 1 O Charnwood Road 2

3 Municipal Licensing Standards' review ofthe swimming pool fence enclosure installation has determined that it does not comply with Toronto Municipal Code, Chapter 447 Fences, as detailed in the following chart: GENERAL LOCATON SPECFC LOCATON DEFCENCY BY-LAW SECTON & REQUREMENT* North Rear Yard Swimming pool enclosure is Section 447-3E.(2)(d) Elevation on the constructed with glass panels (d) A glass panel fence used in a Property, and anchored to a wooden swimming pool enclosure shall be surrounding deck. Namely, the metal constructed in a good, the deck at posts supporting the metal workmanlike manner as follows: the northeast framework for the glass [1] Glass panels shall be located so corner ofthe panels are to be embedded there is no opening ofmore than dwelling. in concrete to a minimum 38 millimetres between the panel COMMENTS depth of 900 millimetres below grade the metal posts as installed are merely anchored to wood elements, which would require an exemption. and the post where horizontal elements are spaced less than 1.2 metres apart, and not more than 100 millimetres apart where horizontal elements are spaced more than 1.2 metres apart; and [2] Horizontal elements shall be supported on substantial posts spaced not more than 2.4 metres apart and embedded in concrete to a minimum depth of 900 millimetres below 2rade. The property owners are proposing that in lieu ofcomplying with the deficiency noted in the chart above that is contrary to the by-law and the issued permit under file # , the existing glass panel enclosure around the rear deck forming part ofthe swimming pool enclosure, be permitted to remain as is, instead. As the by-law requires metal posts used in glass panel fences to be embedded in concrete, the existing installation at the subject address requires an exemption from the regulations to be maintained, as built. (Attachment # 3) Metal posts used in a glass panel fences forming part ofany swimming pool enclosure provide a level ofrigidity when embedded in concrete not less than 900 millimetres below grade, as specified in the regulations. The existing installation could compromise the minimum level ofsafety that the prescribed by-law regulations intend to establish/maintain. When metal posts are anchored to solely to wooden elements, over time, the wooden elements could split, crack, rot, deteriorate, warp causing the metal posts and the framework/glass panels attached to the posts to weaken and become less rigid, and eventually fail, prematurely. Staff report for action on Fence Exemption - 10 Charnwood Road 3

4 The intent ofthe swimming pool enclosure provisions in the by-law is to establish a certain level ofsafety or protection from installations not built to the prescribed standards. Any noncompliant enclosure [which does not comply with the minimum prescribed standards] can only be deemed to not meet this intended minimum level ofsafety. The property owners, in their application claim that the current installation has engineering documents that support this type ifinstallation. Docwnent provided is merely a Rear Yard Plan (Attachment# 4). We recommend that the swimming pool enclosure be installed and completed so as to comply with all provisions ofthe City oftoronto's Municipal Code, Chapter 447- Fences. CONTACT talo Joe Luzi, North District Supervisor Municipal Licensing & Standards Division Tel. (416) Fax ( 416) jluzi@toronto.ca Pat Burke, North District Manager Municipal Licensing & Standards Division ATTACHMENTS Attachment 1 - Areal map of 0 Chamwood Road Attachment 2 - Permit Drawing for File # Attachment 3 - Photo # 1 Showing the Metal Posts Anchored to Wood Deck Attachment 4 - Rear Yard Plan submitted by Applicants Staff report for action on Fence Exemption - 1 O Charnwood Road 4

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6 For fence type and requirements ollow chapter 447 in Toronto municipal code FULL LENGTH FENCE 6' - 8" HGH 14' POOL Maintain 50% soft landscape area 5' FROM FENCE ltjlatdronto Building ERMfT REVEWED FOR COMPLANCE WTH 14' FROM FENCE THE ONTARO BULDNG CODE BLD 00 CJ :;: ~ J ~.B.C. (S ) f- C) z w...j...j...j :J LL Azzouz, Nada 22/Jun/2016 Permit for pool Fence Enclosure only Any construction requiring a building permit must be applied for For the Gate Singl e gate shall be self c losing and equipped with l ockable self-latching device located on t he inside near t he t op of the gate Self c losing and equipped with a lockable self l atching device located on the inside near the top o f t he gate o r o n the outside a t least 1.Sm ab ove grade q_'!windows to be fixed and -: ~ not provide any access.a, tto the pool area FENCE 6' - 8" HGH b1=-;~~~ :.1.-~~~...1,._~~~~ -r~ No Any Access \ from walk out \ basemen~~tanyard N \ other access to the pool area directly \ -- \ -- \ FULL LENGTH \ M.TmrtrlBuilding RECEVED 07/Jun/2016

Wood Deck Garden Composite Deck - - - -- Composite Deck - - - Composite Deck Garden General Contractor Project Title Designer Drawing Title Paul Lafran ce Rear Yard Plan y Paul Lafrance Desig n

8 Wood Deck Garden Composite Deck Composite Deck Composite Deck Garden General Contractor Project Title Designer Drawing Title Paul Lafran ce Rear Yard Plan y Paul Lafrance Desig n Cheryl Hickey & Kevin Foley Date Scale 1295 Wharf St Unit #1 9, Pickering 1OCharnwood Road Ontario, Canada Toronto, Ontario D E S G N L 1W 1A2 />Aul l-af;-an-ce September 23rd, 2016 Sheet Scale

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