September 21, 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
Martine MICHELLE
Gregory MULVEY
61 Ladysbridge Drive
Scarborough Highland Creek
Purpose:
The applicants are seeking an exemption to the By-law 24945 as amended to permit a 9.1 metre section of fence to remain
at a height of 2.4 metres whereas the by-law permits a maximum height of 2 metres.
Financial Implications and Impact Statement:
NIL
Recommendations:
That City Council approve the application to permit a 9.1 metre section of fence along the south property line to remain as
constructed at a height of 2.4 metres.
Background/History:
Acting upon a complaint received, an inspection of the property known municipally as 61 Ladysbridge Drive was
undertaken in late July. Inspection revealed a 2.4 metre high fence consisting of lattice panels constructed along the south
property line for a distance of 9.1 metres.
As a result of the inspection, a Notice of Violation was issued to the registered owners. Subsequent to the issuance of this
notice, a request for exemption from the by-law was received.
The applicants indicated that the neighbours building to the south is located within .6 metre of the side lot line. In addition,
the southerly abutting property has a second storey deck which projects into the rear yard. According to the applicants, this
situation has resulted in a loss of privacy when their rear yard is in use. A secondary purpose for the privacy fence is the
screening of an abutting shed. The applicants argue that a third of the constructed fence abuts the neighbours shed and
results in no impact upon the neighbours.
Comments:
It is noted that both the applicant and the abutting neighbour have second storey decks constructed at the rear of their
buildings. From a privacy point of view, the neighbours will be able to look into the applicant's yard from the deck. In this
respect, the value of the fence for privacy purposes is limited to ground level. It would seem therefore that the fence height
was established in order to screen the abutting neighbour's shed from view.
A site inspection revealed that the subject fence does not abut any windows on the building to the south thus negating any
apparent visual or light blocking impact.
When considering requests for exemption, staff are primarily concerned with the issue of safety particularly with respect to
sight lines and the interaction between pedestrians and motor vehicles. In the case of the subject fence, such concerns are
not an issue.
Justification:
Section 14 of By-law 24945 as amended states in part that any person may apply for an exemption from 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
