Request for Fence By-law Exemption
Nick and Andrea Loschiavo, 20 Pickford Road
Ward 16 - Scarborough Highland Creek
The Scarborough Community Council recommends the adoption of the following report
(December 22, 1998) from the Director, Municipal Standards:
Purpose:
The applicants are seeking an exemption to the by-law to allow an existing 1.8 metre (6 foot)
board on board fence to remain along the side and front property lines in the street yard.
Financial Implications and Impact Statement:
Nil.
Recommendations:
That the Scarborough Community Council direct that the applicants' fence running parallel to
the sidewalk be reduced to the maximum height of 1.2 metres (4 feet) and further that the
fence along the side lot lines be reduced to 1.2 metres (4 feet) within 2.4 metres (8 feet) of the
sidewalk.
Background/History:
Acting upon a complaint, the property known municipally as 20 Pickford Road was inspected
on October 20, 1998. The inspection revealed a 1.8 metre (6 foot) high fence constructed
along the side and front lot lines in the street yard. As a result of the findings, a notice under
By-law 24945, as amended, was issued to the registered owners, Nick and Andrea Loschiavo.
Subsequent to this notice, a letter seeking exemption to the requirement of the by-law was
received by the Division.
In their letter, the applicants indicate that there are a number of large dogs in the
neighbourhood which have posed some problems to their enjoyment of their property. They
also indicate that the fence was constructed so as to ensure that dogs at large are kept off the
property.
As the site plan indicates, Pickford Road is comprised of abutting single family dwellings and
terminates in a cul de sac. Measurement of the distance between the curb and the fence has
been taken and the inspector advises that the fence appears to be located on private property.
The driveways at 18 and 22 Pickford abut the fence and while there is sufficient space to
permit observance of on coming vehicular traffic, visibility is obscured with respect to
pedestrian traffic. This problem could be eliminated with the creation of sight triangles at the
corners of the fence; however, visibility of pedestrians by the applicants from their driveway
would still be a concern.
If the fence was reduced to the maximum height of 1.2 metres (4 feet) abutting the sidewalk
and the last 2.4 metres (8 feet) of fence located along the side lot line were reduced to the
maximum height, issues of sight visibility should be eliminated.
The applicants indicated their belief that a 1.2 metre fence would be too low to prevent large
dogs from jumping over. Other fence applications such as the use of chain link or wrought
iron which are permitted at a higher height could address the problem.
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, District Manager
(416) 396-7071
(416) 396-4266 Fax Number
byng#u#b@city.scarborough.on.ca
The following persons appeared before the Community Council in connection with the
foregoing matter:
-Mr. Nick Loschiavo, the applicant;
-Mrs. Andrea Loschiavo;
-Ms. Ninnie Elliston, neighbour, objecting to the application; and
-Mr. Thomas Gaspard, neighbour, objecting to the application.
The Community Council also received written submissions respecting this matter from:
-Nick and Andrea Loschiavo;
-Craig and Caroline Rendall, area residents, objecting to the application;
-Steve DeCarmo, area resident, objecting to the application;
-Ben Kramer, objecting to the application; and
-Hoa Than, and fourteen other signatories to a petition, objecting to the application.
A copy of the foregoing communications was provided to all Members of the Scarborough
Community Council and the originals thereof are on file in the Office of the City Clerk,
Scarborough Civic Centre.