April 8, 1998
To:Scarborough Community Council
From:Lorne Ross, MCIP, RPP
Subject:REQUEST FOR FENCE BY-LAW EXEMPTION
Panos & Helen KALOGIANNIDES
4 Kelvinway Drive
Ward 14 - Scarborough Wexford
Purpose:
The applicants are seeking approval for the erection of a temporary fence 1.9 metres (6.5 feet) high in the street yard
running a distance of approximately 5 metres (16.4 feet) along the west property line abutting 6 Kelvinway Drive. It is
proposed that the fence utilize a netting material and is intended to block basketballs from travelling onto the neighbour=s
property.
Financial Implications and Impact Statement:
NIL
Recommendations:
It is recommended that The Scarborough Community Council approve the application to permit the erection of a 5 metre
section of fence along the westerly property line located in the street yard at a height of 1.9 metres (6.5 feet) utilizing
see-through netting material.
Background/History:
Several years ago, the Kalogiannides= attached a basketball hoop to the front of their house above the garage door. Since
then, problems have arisen with respect to the basketball ending up on the property of the owners of 6 Kelvinway Drive.
According to the applicants, this situation has resulted in discord between the neighbours. In this regard, attempts to resolve
the issue through mediation have been unsuccessful. As a result, the applicants are proposing the construction of three 2.1
metre poles along their west front yard property line to support fish net style material in order to block errant shots.
Justification:
Section 14 of By-law 24945 provides that any person may apply for an exemption to any provision of the by-law
Comments:
When evaluating such proposals, safety issues such as sight line visibility for vehicular and pedestrian traffic are the prime
considerations. With respect to the Kalogiannides= proposal, the type of fence material proposed would permit clear views
both for pedestrians and drivers of vehicles backing out from the driveway.
In September 1997, Council recognized that some types of fence could exceed the four foot maximum in a street yard and
still satisfy safety concerns. To that end, chain link, wrought iron and wrought iron fences were exempted from the four
foot maximum height. While the material proposed for this fence is not chain link, it is very similar in style and would
provide an equivalent degree of visibility.
Contact Name:
Bryan Byng, Supervisor
(416) 396-5341
(416) 396-4266 Fax Number
byng#u#b@city.scarborough.on.ca
Lorne Ross, MCIP, RPP
Commissioner of Planning and Buildings, Scarborough
BGB/FW
