September 20, 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
Jorge CHAVARRIA
Elia ROJAS
67 Kentish Drive
Scarborough Malvern
Purpose:
The applicants are seeking an exemption from By-law 24945 as amended to permit an existing solid board fence to remain
as located in the street yard at a height of 1.75 metres whereas the by-law permits a maximum height of 1.2 metres.
Financial Implications and Impact Statement:
NIL
Recommendations:
That City Council approve the application to permit the existing fence to remain as constructed at a height of 1.75 metres
provided a 1.2 metres sight triangle be established abutting the applicant's driveway.
Background/History:
Acting upon a complaint received, an inspection of the premises municipally known as 67 Kentish Drive was undertaken in
May. The inspection revealed a solid board fence 1.75 metres in height constructed in the street yard of the property.
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 issuance of the notice, a request for exemption from the height requirements of the by-law was
received.
The applicants indicated that the fence in question was installed this year and replaced a fence of the same height which
had been in existence for approximately thirty years. The applicants note that the property is a corner lot and the area
fenced in is intended to provide an area of safety and privacy for their four children while they play.
Comments:
Staff have reviewed the request and have noted that the fence abuts a City sidewalk and runs parallel to the applicants
driveway. It is noted that the fence is solid board construction and given its location, a sight visibility problem exists with
vehicles backing out of the applicant's driveway. Sight visibility would be assisted if the fence was reconstructed to create
a 1.2 metres sight triangle abutting the driveway and public sidewalk. The creation of such a sight triangle has been
discussed with the applicants and they have indicated a willingness to alter the fence accordingly.
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
