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TO: |
Mayor and Members of Council |
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FROM: |
Sheila Birrell Town Clerk |
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PREPARED BY: |
W. Wiles Manager, By-Law Enforcement &
Licensing |
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DATE OF MEETING: |
2004-Nov-08 |
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SUBJECT: |
Swimming Pool Enclosure By-Law Amendment-
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RECOMMENDATION:
That
By-Law 59-75 “Swimming Pool Enclosures “
be amended to provide a site-specific amendment for the minimum distance
required between the edge of the water contained in a pool and the pool
enclosure for a pool located at 8 Hester Court subject to conditions included
in the amendment.
PURPOSE:
To
amend the Pool Enclosure By-Law in order that an existing pool enclosure
erected at
BACKGROUND:
By-Law
Enforcement & Licensing attended
During
the investigation of the complaint, staff observed that the distance between
the pool enclosure and the edge of the water in the pool did not meet minimum
by-law requirements. Discussion with the property owner revealed that the owner
purchased property in 1998 and that the pool existed at time of purchase.
Research of municipal records found that a pool enclosure permit was never
applied for or issued for the pool. Both
the owners and the owner’s solicitor did not request a pool compliance
inspection by this Division at the time of purchase.
The
property owners were advised of the non-conformity with the By-Law who
subsequently wrote to this Division requesting relief from the By-Law. The
owners submit that the height of the adjoining fence prevents persons from
climbing the fence in support of their request. The owner is also willing to
erect a barrier preventing access to the narrow deck area.
OPTIONS/DISCUSSION:
Section
2(g) of the By-Law requires the following:
Except as provided in Clause 3(d)(iii), a fence or its equivalent forming part of an enclosure shall be erected four (4) feet or more from the edge of the water contained in the pool.
Note: Clause 3(d)(iii) referred to in above
by-law excerpt applies to above ground pool enclosures and is not applicable to
the enclosure at
The
minimum width requirement is enacted for public safety. The minimum width
standard is to ensure that an individual climbing over the fence will have an
area of ground surface or pool deck to step onto and not fall or land directly
into a pool. The minimum distance also provides a suitable width to allow for
safe movement around the pool.
Site
inspection finds the width of the deck to be less than one foot at the nearest
point and because the pool edge is not square to the fence the non-conforming
edge extends south along north-west lot line to the point where the four-foot
minimum is provided.
This is the option requested by the property
owners. The height of the adjoining fence exceeds the 4-foot minimum required
by the by-law. That, along with the construction style of the fence, is an
effective barrier that cannot be climbed without great difficulty. Also,
existing vegetation prevents a person from easily climbing the fence at the
location. To address safe movement around the pool, the owner is proposing a
barrier be installed between the fence and the edge of the pool at the four
foot point, preventing access to the area less with than four feet between the
fence and the pool edge.
A
platform could possibly be constructed over the pool edge to provide the
required distance to the fence. This option would reduce the usable area of the
pool and depending on construction materials could be an ongoing maintenance
issue. The structural integrity of such a platform may be a long-term issue if
not properly maintained or designed.
Re-construction
of the pool would be a costly undertaking and may significantly reduce the size
of the pool.
After review of the pool and the
applicable rear yard, staff recommend that Option 1 be selected and the
following specific amendment be adopted for the subject property:
1.
Notwithstanding Section 2 (g) of this By-Law, the pool enclosure located along
the north-west property line on Lot 23 of Registered Plan M-1345 (municipally
known as 8 Hester Court) may be erected less than four (4) feet from the edge
of water contained in the pool subject to the following conditions:
2. This by-law shall remain in force and effect for only as long as the
subject pool existing on the property on the date of passing of this by-law
remains.
FINANCIAL CONSIDERATIONS:
None
ENVIRONMENTAL CONSIDERATIONS:
None
ACCESSIBILITY CONSIDERATIONS:
None
ENGAGE 21ST CONSIDERATIONS:
None
BUSINESS UNITS CONSULTED AND AFFECTED:
Legal
Services was consulted
ATTACHMENTS:
None
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Sheila Birrell Town Clerk |
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Andy Taylor Commissioner, Corporate Services |
