April 7, 1999
To:Scarborough Community Council
From:Bryan Byng
East District Manager, Municipal Licensing and Standards
Subject:REQUEST FOR FENCE EXEMPTION
Edgar BOURNE
Carol BOURNE
95 Merkley Square
Scarborough Highland Creek
Purpose:
The applicants are seeking an exemption to the by-law to allow an existing 1.8 metre (6 foot)
solid board fence to remain in the street yard on the west side of the property.
Financial Implications and Impact Statement:
NIL
Recommendations:
It is recommended that City Council approve the application to permit the existing solid board
fence to remain at a height of 1.8 metres (6 feet) located in the street yard on the west side of
the property and further, that as a condition of approval, the fence be lowered to a height of
1.2 metres for a distance of 1.8 metres from the sidewalk when it is replaced.
Background/History:
Acting upon a complaint, an inspection of a fence was conducted at property municipally
known as 95 Merkley Square. The inspection revealed a solid board fence approximately 1.8
metres (6 feet) in height located along the westerly lot line abutting the driveway and
extending to within 39centimetres of the sidewalk.
The owners subsequently contacted the Division and advised that the fence was constructed
approximately twenty years ago so as to provide protection from the neighbour's dogs. The
owners indicated that two Rottweilers and a Border Collie are currently owned by their
neighbour and that the board fence discourages the dogs from rushing the fence and startling
visitors to their property.
The subject property is located on the south side of Merkley Square which is an interior
residential street accommodating predominantly local, as opposed to through traffic. The
existence of a boulevard provides ample setback and thus sight visibility for drivers of
vehicles backing from the driveway into the street. Visibility of oncoming pedestrian traffic is
somewhat restricted given the location of the fence in proximity to the sidewalk. This
observation respecting visibility is tempered by the fact that the fence has been in existence
for twenty years without any apparent problems arising.
Comments:
Given the age of the fence, it is likely that replacement will be required in the foreseeable
future. Also of note is the fact that no problems have arisen respecting pedestrians and
vehicles exiting the property for the last twenty years. In consideration of these factors, it
seems reasonable to address the fence height in relation to the sidewalk when it is replaced.
When that happens, it would be appropriate to restrict the first 1.8 metre section of fence
closest to the sidewalk to a height of 1.2metres.
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, East District Manager
(416) 396-7731
(416) 396-4266 Fax Number
byng#u#b@city.scarborough.on.ca
Bryan Byng
East District Manager
Municipal Licensing and Standards
Urban Planning and Development Services
BB:es
