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December 22, 1998

To:Scarborough Community Council

From:Harold Bratten, P.Eng.

Director, Municipal Standards

Subject:REQUEST FOR FENCE BY-LAW EXEMPTION

Nick and Andrea LOSCHIAVO

20 Pickford Road

Ward 16 - Scarborough Highland Creek

Purpose:

The applicants are seeking an exemption to the by-law to allow an existing 1.8 metre (6foot) board on board fence to remain along the side and front property lines in the street yard.

Financial Implications and Impact Statement:

Nil.

Recommendations:

That the Scarborough Community Council direct that the applicants' fence running parallel to the sidewalk be reduced to the maximum height of 1.2 metres (4 feet) and further that the fence along the side lot lines be reduced to 1.2 metres (4 feet) within 2.4 metres (8 feet) of the sidewalk.

Background/History:

Acting upon a complaint, the property known municipally as 20 Pickford Road was inspected on October 20, 1998. The inspection revealed a 1.8 metre (6 foot) high fence constructed along the side and front lot lines in the street yard. As a result of the findings, a notice under By-law 24945 as amended was issued to the registered owners, Nick and Andrea Loschiavo. Subsequent to this notice, a letter seeking exemption to the requirement of the by-law was received by the Division.

In their letter, the applicants indicate that there are a number of large dogs in the neighbourhood which have posed some problems to their enjoyment of their property. They also indicate that the fence was constructed so as to ensure that dogs at large are kept off the property.

As the site plan indicates, Pickford Road is comprised of abutting single family dwellings and terminates in a cul de sac. Measurement of the distance between the curb and the fence has been taken and the inspector advises that the fence appears to be located on private property. The driveways at 18 and 22 Pickford abut the fence and while there is sufficient space to permit observance of on coming vehicular traffic, visibility is obscured with respect to pedestrian traffic. This problem could be eliminated with the creation of sight triangles at the corners of the fence however visibility of pedestrians by the applicants from their driveway would still be a concern.

If the fence was reduced to the maximum height of 1.2 metres (4 feet) abutting the sidewalk and the last 2.4 metres (8 feet) of fence located along the side lot line were reduced to the maximum height, issues of sight visibility should be eliminated.

The applicants indicated their belief that a 1.2 metre fence would be too low to prevent large dogs from jumping over. Other fence applications such as the use of chain link or wrought iron which are permitted at a higher height could address the problem.

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

 

   
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