December 22, 1998
To:Scarborough Community Council
From:Harold Bratten, P.Eng.
Director, Municipal Standards
Subject:REQUEST FOR FENCE EXEMPTION
Hans J. CLEMENS
45 Ivy Green Crescent
Ward 16 - Scarborough Highland Creek
Purpose:
The applicant is seeking an exemption to the fence by-law to allow an existing board on board fence on the east side of the
front yard to remain at a height varying from 1.33 metres (4.375 feet) to 1.79metres (5.875 feet) and on the west side at a
height of 1.5 metres (5 feet).
Financial Implications and Impact Statement:
Nil.
Recommendations:
That the Scarborough Community Council not approve the request for fence exemption made by Mr.H. Clemens of 45 Ivy
Green Crescent.
Background/History:
Acting upon a complaint, Municipal Standards staff visited the property known municipally as 45Ivy Green Crescent on
September 21, 1998. The inspection revealed post holes dug in the front yard in preparation of the construction of a fence.
On September 22, 1998, a site meeting between the owner, the owner's fence contractor and an inspector took place.
During this meeting, the requirements of the fence by-law were explained.
Subsequent to the meeting, a complaint was received on October 23, 1998, indicating the fence as constructed exceeded the
maximum height of 1.2 metres (4 feet). A notice under By-law 24945 as amended was issued to the owner on November 2,
1998 and the Division received a request for exemption on December 2, 1998.
In his letter, the applicant cites security as the main reason for the fence construction. He indicates that he has been the
victim of vandalism and petty theft in the past. As such, the fence is intended to provide a measure of safety and security.
A review of the location map and photographs of the property indicate that neighbouring driveways abut the fence on both
sides however since the fence is constructed on private property, visibility of vehicular traffic is not an issue for vehicles
leaving the abutting and subject properties. Of greater concern is the ability of drivers exiting the driveways to see
pedestrians. This is particularly true for the applicant and his neighbour at 47 Ivy Green Crescent. The applicant has
attempted to address this concern by louvering the boards in the fence which abuts the sidewalk. The record indicates that
the provisions of the by-law respecting height were made available to the owner and the contractor prior to the construction
of the fence and yet, the fence as constructed exceeds the maximum height requirements.
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
