Request for Fence By-law Exemption
Mary Graham and Steve Duriancik, 109 Phyllis Avenue
Ward 13 - Scarborough Bluffs
The Scarborough Community Council recommends the adoption of the following
report (April 7, 1998) from the Commissioner of Planning and Buildings,
Scarborough:
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 (10 feet) 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 City 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
Ms. Mary Graham, the applicant, appeared before the Community Council in connection
with the foregoing matter and provided documentation and photographs in support of the
Fence By-law exemption request, a copy of which was provided to all Members of the
Community Council and a copy thereof is on file in the Office of the City Clerk.