September 13, 1998
To:Scarborough Community Council
From:Harold Bratten, P.Eng.
Director, Municipal Standards
Subject:REQUEST FOR FENCE EXEMPTION
M. De BILLANCOURT
Robert FRENCH
361 Lawson Road
Ward 16 - Scarborough Highland Creek
Purpose:
The applicants are seeking approval to allow the existing side lot line fences to remain as constructed. The fence along the
west property line is of board on board construction of approximately 2 metres in height with a 1.2 metre lattice attached
on top for an overall height of 3.1metres. This portion of fence runs for a distance of approximately 6.7 metres along the
westerly lot line. Owing to its height, the fence has been stabilized with the use of two by fours attached to the top of the
fence and the underside of the eaves of the house. A similar fence in height and construction is located on the east side lot
line.
In addition to the screens noted above, the fence on the easterly lot, located in the front yard exceeds the permitted height
of 1.2 metres by .15 metres.
Financial Implications and Impact Statement:
Nil
Recommendations:
It is recommended that City Council:
(1)not approve the application by the owners of 361Lawson Road to permit a board on board fence at a height of 3.1
metres on the east and west side lot lines; and
(2)permit the applicant's street yard fence on the east property line to remain at the existing 1.35metres.
Background/History:
Acting upon the receipt of a complaint, an inspector visited the property in September 1997 and, after speaking with the
owners, inspected the fence. The fence on both side lot lines was found to exceed the maximum height of 2 metres in the
vicinity of the house. As a result of these findings, a notice of violation dated September 29, 1997 was issued. A letter
from the owners was received on October 3, 1997. This letter outlined the reasons for the construction of the screens
including a desire for privacy and the elimination of views into the abutting properties; the screening of abutting porch
lights as well as to protect from pesticide use.
The subject property is a well maintained single family home. Pride of ownership is evident in the extensive gardens,
statues and architectural applications. All of which, set the property apart from abutting homes. The fence screens and
framework erected to support them, which is the subject of the application, provide a basis for plant growth to flourish
and from this point of view, the structures complement the existing landscaping.
While the existing screens might be seen to complement the applicant's property, the same cannot be said for the abutting
property owners, particularly those on the west side of the property. The view from the westerly neighbour's porch is that
of a wooden wall. Owing to a hedge on the easterly neighbour's side, the impact although evident, is not as great.
The purpose of staff's evaluation of fence exemption requests is to identify potential safety issues created by
non-complying fences. In this case, no safety issues are evident with respect to the erected screens while the front yard
fence height is minor and not considered to pose a sight line problem with vehicles exiting properties.
While the applicant's desire for privacy is understood, there are other methods which might achieve the same effect
without the use of the screens. Consideration could be given to the use of opaque glass in the applicant's windows in the
vicinity of the existing screens or window coverings could be utilized to block views while allowing light penetration.
Justification:
Section 14 of By-law 24945 as amended, provides that any person may apply for an exemption to any provision of the
by-law.
Contact Name:
Bryan Byng, District Manager
(416) 396-7071
(416) 396-4266 Fax Number
byng#u#b@city.scarborough.on.ca
Harold Bratten, P.Eng.
Director, Municipal Standards
Urban Planning and Development Services
BB
