Request for Fence By-law Exemption

Peter Humble, 3 Spraywood Gate

Ward 16 - Scarborough Highland Creek

The Scarborough Community Council recommends the adoption of the following report (May12, 1999) from the Manager of Municipal Licensing and Standards, East District:

Purpose:

The applicant is seeking an exemption to permit an existing 1.8 metre (6 foot) solid board fence to remain as constructed in the streetyard whereas By-law 24945, as amended, permits a maximum height of 1.2 metres (4 feet).

Financial Implications and Impact Statement:

Nil.

Recommendations:

It is recommended that City Council approve the request for a fence exemption enclosing the rear yard at premises municipally known as 3 Spraywood Gate, and further, that a 1.8 metre sight triangle be incorporated into the fence design when the fence is replaced.

Background/History:

Acting upon a complaint received, an inspection of the property known municipally as 3SpraywoodGate was undertaken on March 9, 1999. The inspection revealed a solid board fence 1.8 metres (6 feet) in height enclosing the rear yard of this corner lot. As a result of the inspection, a notice under Fence By-law 24945, as amended, was issued to the registered owner on March 12, 1999.

Subsequent to this notice, a site meeting between the owner and the area inspector was undertaken on March 23, 1999. At that time, the provisions of the by-law were explained. Following this meeting, a request for exemption from the by-law was received. The home owner noted that a fence at the current height has been in place for the past twenty-five years and was last updated approximately ten years ago.

Comments:

The subject property is located at the north-east corner of the intersection of Spraywood Gate and Slan Avenue. The fence involved with the application is of solid board construction and encloses the rear yard. A sidewalk runs parallel to the fence and is separated by 150 millimetres (6 inches) grassed area. Visibility towards the intersection is unobstructed while an existing boulevard provides adequate sight visibility of vehicles heading north on Spraywood.

The one concern is sight visibility for vehicles backing from the driveway in relation to pedestrians using the sidewalk. This problem could be eliminated through the creation of a 1.8 metre (6 foot) sight triangle.

The Division recognizes, however, that the fence has been in existence for a period of at least ten years and the current situation has not presented problems to this point. In light of this, the Division considers it reasonable to permit the fence to remain at the current height of 1.8 metres (6feet) until a new fence is erected. At that point, a 1.8 metre (6 foot) sight triangle should be incorporated at the driveway to improve visibility.

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

East District Manager

(416) 396-7731

(416) 396-4266 Fax Number

byng#u#b@city.scarborough.on.ca