(Report dated April 7, 1998, addressed to Scarborough Community Council, from the Commissioner of Planning
and Buildings, Scarborough.)
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
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