May 31, 1999
To:Scarborough Community Council
From:Bryan Byng
East District Manager
Municipal Licensing and Standards
Urban Planning and Development Services
Subject:REQUEST FOR FENCE HEIGHT EXEMPTION
Kevin CURRIE
Jennifer POLE-CURRIE
25 Ingrid Drive
Scarborough Highland Creek
Purpose:
The applicant is seeking an exemption to permit an existing 1.9 metre (6 feet 3 inch) privacy fence to remain in the
streetyard whereas By-law 24945, as amended, permits a maximum height of 1.2metres (4 feet).
Financial Implications and Impact Statement:
NIL
Recommendations:
It is recommended that City Council approve the application to permit the existing board on board privacy fence to remain
at a height of 1.9 metres (6 feet 3 inches) located in the streetyard of the west side of the property abutting Ingrid Drive and
further, as a condition of approval, it is recommended that the fence be lowered to a height of 1.2 metres (4 feet) or
adjusted so as to create a sight triangle for a distance of 1.8 metres (6 feet) along the sidewalk and driveway when the fence
is eventually replaced.
Background/History:
Acting upon a complaint received, an inspection of a fence was undertaken at the premises municipally known as 25 Ingrid
Drive. The inspection revealed a 1.9 metre (6 feet 3 inch) fence located in the street yard abutting the sidewalk along Ingrid
Drive and the driveway of the subject property. As a result of the inspection, a notice dated March 25, 1999 was issued to
the registered owners.
Subsequent to this notice, the owner, under a letter dated April 9, 199 made a request for an exemption to the by-law. The
owner noted that the fence was erected approximately six years ago in order to provide privacy for the owners while using
their rear yard. It was aloso noted that at the time of construction, the municipality was contacted and the owner was
advised that a two metre (6feet 8 inch) fence could be constructed.
Comments:
The subject property is located at the north-east corner of the intersection of Milford Haven Drive and Ingrid Drive.
However, the fence which is the subject of this report is located in the rear yard area and does not impact sight line at the
intersection.
The current fence by-law was enacted in October 1996 and as such, the advice provided to the property owner six years ago
was valid. Unfortunately, no mechanism exists to exempt lawfully constructed fences from the current by-law except by
site specific application to Community Council.
Access to the applicant's parking space is provided from Ingrid Drive. Owing to the proximity of the abutting sidewalk
there is concern that drivers of vehicles backing out of the driveway will not be able to see pedestrians walking north. As a
resut of this problem, it is suggested that the creaton of a 1.8 metre (six foot) sight triangle would address this concern. As
the fence was lawfully constructed six years ago with no apparent problem to date, it is reasonable to deal with the
lowering of the fence sections.
The Division recognizes, however, that the fence has been in existence for a period of at least ten years and the current
situation has not presented problems to this point. In light of this, the Division considers it reasonable to permit the fence to
remain at the current height of 1.8 metres (6feet) until a new fence is erected. At that point, a 1.8 metre (6 feet) sight
triangle should be incorporated at the driveway to improve visibility.
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
District Manager
Municipal Licensing and Standards
Urban Planning and Development Services
BB:es
