November 17, 1998
To:Scarborough Community Council
From:Harold Bratten, P.Eng.
Director, Municipal Standards
Subject:REQUEST FOR FENCE EXEMPTION
Bruce Cossar
Laurie Vogan
34 Allangrove Crescent
Ward 14 - Scarborough Wexford
Purpose:
The applicants are seeking an exemption to the by-law to allow an existing 2.4 metre (8 foot) solid board fence to remain
along their rear property line.
Financial Implications and Impact Statement:
Nil
Recommendations:
It is recommended that Council approve the application to permit the existing solid board fence at a height of 2.4 metres (8
feet) along the rear property line subject to verification that the fence is properly located upon the applicants' property
line.
Background/History:
Acting upon a complaint, an inspection of a fence was conducted at property municipally known as 34 Allangrove
Crescent. Inspection revealed a fence constructed along the rear lot line and partially along the side lot line at a height of
2.4 metres (8 feet). As a result, a notice under By-law 24945, as amended, was issued on August 7, 1998, directing that the
fence be brought into compliance.
The owners subsequently contacted the inspector who was advised that the fence height was established in order to
provide some degree of privacy as they have a swimming pool. The inspector advises that the impact of the fence is
lessened since the north west corner at the abutting rear neighbour's lot is on a higher grade with the difference being
approximately .6 metres (2 feet).
Owing to the location, there are no safety issues respecting the interaction between pedestrians and vehicles, however, the
inspector indicated one issue in connection with By-law 18439, as amended, which is the swimming pool by-law. Section
v (2) states in part:
".....fence shall not, regardless of height, be located closer than 1.2 metres (4feet) to any condition on the property that
would contribute to a lessening of these minimum safety requirements by facilitating the climbing of the swimming pool
fence."
A chain link boundary fence is located less than 1.2 metres (4 feet) from the applicant's fence. If the boundary fence is
allowed to remain at the current height, a clear, non-climbable height of 1.2metres (4 feet) would be established for the
swimming pool fence enclosure.
A neighbour contacted Municipal Standards and indicated that the fence in question may be located on the abutting
neighbour's property, however, without a survey, the Division is not in a position to comment.
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
