August 23, 1999
To:Scarborough Community Council
From:Bryan Byng
East District Manager
Municipal Licensing and Standards
Urban Planning and Development Services
Subject:REQUEST FOR FENCE EXEMPTION
John & Dianne PETTIGREW
84 Invermarge Drive
Scarborough Highland Creek
Purpose:
The applicants are seeking an exemption to permit existing privacy screens 2.67 metres (8 feet 9 inches) in height to
remain as constructed in the rear yard.
Financial Implications and Impact Statement:
Nil.
Recommendations:
It is recommended that City Council approve the application to permit the existing privacy screens to remain as constructed
at a height of 2.67 metres (8 feet 9 inches) in the rear yard.
Background/History:
Acting upon a complaint received, an inspection of the premises municipally known as 84 Invermarge Drive was
conducted in June. Inspection revealed two trellis structures erected in the rear yard. One structure is erected along the rear
fence line and was measured as having a width of 3.88 metres (12.75 feet) and a height of 2.67 metres (8 feet 9.5 inches).
The second trellis was erected as a free-standing screen in the rear yard and was measured as having a width of 1.44 metres
(4.75 feet) and a height of 2.62 metres (8 feet 8 inches).
As a result of the inspection, a notice of contravention under By-law 24945, as amended, was issued to the registered
owners. Subsequent to the notice, a request for exemption from the height requirements established by the by-law was
received.
The applicants indicate that the sole intent of the screens is to provide a degree of privacy for the female members of the
household. Apparently, there is ongoing activity on a daily basis in one of the rooms in the house directly behind them,
which has led to a feeling of being watched when the applicants are using the rear yard. The applicants have discussed the
matter with their neighbours but have been unable to arrive at an amicable solution.
Comments:
As noted in the background/history section, two screens have been erected at the subject property. In conversations with the
area inspector, it was determined that the free standing screen located in the middle of the rear yard is in compliance with
the fence by-law. In this regard, Section 6 (b) of the By-law states:
When a fence is erected within an area on which a building could be lawfully located, such fence may be erected to a
height not exceeding the lessor of three point one (3.1) metres or that permitted in the relevant zoning by-law for a wall of
a building if erected at the fence locations."
The property is zoned under By-law 12077, as amended. This by-law permits accessory buildings to a height of 3.7 metres.
As such, the screen located in the centre of the yard complies with the fence by-law.
When commenting upon fence exemption applications, the Division is concerned first and foremost with aspects of safety
such as obscured sight lines. In the case of the screen erected by the applicants, there are no apparent safety issues. The
appearance of the screen is not regulated by the by-law although the screen appears to be constructed to a standard which
exceeds the standard normally found in a residential zone. It is acknowledged that the height of the screen would have
some visual impact on the neighbours to the rear; however, it is noted that a cedar hedge blocks all but the top .3 to.6
metres of the structure. For these reasons, the Division is not opposed to the application.
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
