Request for Fence Exemption
Marie de Billancourt, Robert French, 361 Lawson Road
Ward 16 - Scarborough Highland Creek
The Scarborough Community Council recommends that City Council:
(1)strike out the recommendation contained in the following report;
(2)approve the application by the owners of 361 Lawson Road to permit a board on
board fence at a height of 3.1 metres on the east and west side lot lines; and
(3)permit the applicant's street yard fence on the east property line to remain at the
existing 1.35 metres.
The Scarborough Community Council submits the following report (September 13,
1998) from the Director of Municipal Standards, Scarborough:
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
Mr. Christopher Thiesenhausen, representing the applicant, appeared before the Community
Council in connection with the foregoing matter. The Community Council also received a
communication from Ms. Marie de Billancourt in support of this application, and a document
containing photographs, a copy of which was provided to all Members of Community
Council, and a copy thereof is on file in the Office of the City Clerk.