April 7, 1998
To:Scarborough Community Council
From:Lorne Ross, MCIP, RPP
Subject:REQUEST FOR FENCE BY-LAW EXEMPTION
Mary GRAHAM and Steve DURIANCIK
109 Phyllis Avenue
Ward 13 - Scarborough Bluffs
Purpose:
The applicants are seeking approval to retain a section of fence approximately 3.81 metres (12.5 feet) long at a height of
approximately 3.0 metres (10feet) whereas By-law 24945 as amended permits a maximum height of 2 metres (6.8 feet).
Financial Implications and Impact Statement:
NIL
Recommendations:
It is recommended that The Scarborough Community Council approve the application to permit a 3.81 metre (12.5 feet)
section of fence to remain at a height of 3.0 metres (10 feet) whereas By-law 24945 as amended permits a maximum height
of 2.0 metres (6.8 feet).
Background/History:
In 1992, the owner of 107 Phyllis Avenue installed a central air conditioning unit. The operation of this unit resulted in a
number of noise complaints to the city by the applicants. In this regard, a request for legal action was made however the
age of the evidence was such that charges could not be processed.
The property was inspected in July 1997 and the section of fence under consideration in this report was noted and a notice
under the by-law was issued. There was no change in September and as a result, charges were initiated under the by-law.
The owners advise that the section of fence in question was erected in order to deflect the sound of the air conditioner away
from their rear deck and we are advised that the barrier has worked as intended. The blocking of sunlight does not appear to
be an issue as a site inspection confirmed that there are no windows on the abutting building facing the section of fence in
question.
Comments:
The main issue in evaluating exemption proposals is that of safety particularly to pedestrians. Owing to the location of the
fence to the rear of the house in the side yard, there are no safety issues involved.
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
