(Report dated May 13, 1998, addressed to Scarborough Community Council, from the Director of Municipal Standards, Urban Planning and Development Services.)

Subject:REQUEST FOR FENCE EXEMPTION, Wanita Deacur, 28 Greenhedges Court, Scarborough Malvern

Purpose:

The applicant is seeking approval to permit an existing fence to remain at its current height and location. The applicant has constructed a solid board fence along the westerly lot line extending into the street yard a distance of approximately 7.3 metres (24 feet). On the westerly lot line, the fence height is staggered and ranges in height from 1.76 metres (5.8 feet) at the street to 2.03 metres (6.6 feet) in line with the front face of the house.

A 1.32 metre (4 feet 4 inch) solid board fence has been constructed 1.2 metres (4feet) back from the sidewalk. This fence runs parallel to the sidewalk for a distance of approximately 3 metres (10 feet).

Financial Implications and Impact Statement:

Nil

Recommendations:

It is recommended that the Scarborough Community Council:

(a)approve the application to permit a solid board fence running a distance of approximately 7.3 metres (24 feet) in the street yard along the westerly lot line varying in height from 1.76 metres (5.8 feet) at the street line to 2.03 metres (6.6 feet) at the front face of the house; and

(b)approve the application to permit a solid board fence running a distance of approximately 3 metres (10 feet), parallel to and 1.2 metres (4 feet) back from the sidewalk at a height of 1.32 metres (4 feet 4 inches).

Background/History:

In September 1997, an inspection was undertaken at 28 Greenhedges Court. The inspection revealed a fence in the street yard running along the westerly lot line and parallel to the sidewalk. The fence was measured and exceeded the permitted height. As a result, a notice of violation was issued on October 1, 1997 to the registered owners of the property. The owner contacted the inspector and as a result, submitted a letter requesting an exemption to exceed the fence height.

The property was inspected on April 24th at which time fence measurements were taken and sight lines for vehicles backing out of the driveway were examined. A clear line of sight was evident for vehicles backing out of the applicant=s driveway and the fence on the westerly lot line was located far enough away so as to not present a visibility issue.

The application and property was also examined by the road allowance by-law inspector and he has advised that the fence as it is now located does not pose any problems. He further advises that the fence appears to be located on private property.

Justification:

Section 14 of By-law 24945 provides that any person may apply for an exemption to any provision of the by-law.

Contact Name:

Bryan Byng, Supervisor

(416) 396-5341

(416) 396-4266 Fax Number

byng#u#b@city.scarborough.on.ca

(Copy of attachment, is on file in the office of the City Clerk.)