Request for Fence By-law Exemption

Kenneth Evans, 2 Senator Boulevard

Ward 16 - Scarborough Highland Creek

 The Scarborough Community Council recommends the adoption of the following report (June 27, 1998) from the Director of Municipal Standards, subject to adding the following to the recommendation:

 "... and further, that staff be directed to inspect the rear yard fence on this property and the area adjacent to the neighbouring garage."

 Purpose:

 The applicant is seeking approval to permit an existing fence to remain at its current height and location. The fence is of board on board construction with lattice at the top and is located on the applicant's north and west property line. The fence is an average height of 1.2 metres (4 feet) along the north property line and divides the subject property from 23 Cromwell Road. The fence along the west property line varies in height from 1.29 metres (4.25 feet) to 1.37 metres (4.5 feet).

 Financial Implications and Impact Statement:

 Nil

 Recommendation:

 It is recommended that City Council approve the application to permit a board on board fence with lattice at a height of 1.37 metres (4.5 feet) along the north property line and in the front yard on the west property line to a maximum height of 1.37 metres (4.5 feet).

 Background/History:

 Acting upon a complaint, an inspection was undertaken on November 19, 1997 of 2 Senator Boulevard. At the time of the visit, a fence was being constructed. Upon examination, the contractor was instructed to relocate one of the support posts so as to create a sight triangle for the vehicles backing out of 23 Cromwell Road. The property was re-inspected on November 21, 1997 and while there were no sight line safety issues noted, the fence was found to be in excess of the maximum height permitted. As a result, a notice dated December 4, 1997 was issued to the registered owners of the property.

 Subsequent to that, a request seeking an exemption to the by-law was received. An inspection was undertaken on May 16, 1998 and several photographs were taken of the site. There are no sidewalks on Cromwell Road in the vicinity of the subject property thus any pedestrian traffic is likely to be on the travelled portion of the road allowance. The fence is constructed well back from Cromwell Road on the west side and coupled with the sight triangle created by the angled fence, visibility of pedestrian and vehicular traffic is excellent.

 An opinion was sought from the inspectors dealing with road allowance by-laws and they advise that in their opinion, no problems with respect to encroachments or sight lines exist at the subject property.

 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, Supervisor

(416) 396-5341

(416) 396-4266 Fax Number

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

 The following persons appeared before the Community Council in connection with the foregoing matter:

-Mr. Mike Ilchyshyn, owner of the adjacent property, who indicated his concerns respecting the rear yard fence and its proximity to his garage; and

-Mr. Ken Evans, the applicant.