Request for Fence By-law Exemption
Hans J. Clemens, 45 Ivy Green Crescent
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 applicant is seeking an exemption to the fence by-law to allow an existing board on board
fence on the east side of the front yard to remain at a height varying from 1.33 metres (4.375
feet) to 1.79metres (5.875 feet) and on the west side at a height of 1.5 metres (5 feet).
Financial Implications and Impact Statement:
Nil.
Recommendations:
That the Scarborough Community Council not approve the request for fence exemption made
by Mr.H. Clemens of 45 Ivy Green Crescent.
Background/History:
Acting upon a complaint, Municipal Standards staff visited the property known municipally
as 45IvyGreen Crescent on September 21, 1998. The inspection revealed post holes dug in the
front yard in preparation of the construction of a fence. On September 22, 1998, a site meeting
between the owner, the owner's fence contractor and an inspector took place. During this
meeting, the requirements of the fence by-law were explained.
Subsequent to the meeting, a complaint was received on October 23, 1998, indicating the
fence as constructed exceeded the maximum height of 1.2 metres (4 feet). A notice under
By-law 24945 as amended was issued to the owner on November 2, 1998 and the Division
received a request for exemption on December 2, 1998.
In his letter, the applicant cites security as the main reason for the fence construction. He
indicates that he has been the victim of vandalism and petty theft in the past. As such, the
fence is intended to provide a measure of safety and security.
A review of the location map and photographs of the property indicate that neighbouring
driveways abut the fence on both sides; however, since the fence is constructed on private
property, visibility of vehicular traffic is not an issue for vehicles leaving the abutting and
subject properties. Of greater concern is the ability of drivers exiting the driveways to see
pedestrians. This is particularly true for the applicant and his neighbour at 47 Ivy Green
Crescent. The applicant has attempted to address this concern by louvering the boards in the
fence which abuts the sidewalk. The record indicates that the provisions of the by-law
respecting height were made available to the owner and the contractor prior to the
construction of the fence and yet, the fence as constructed exceeds the maximum height
requirements.
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