Request for Fence By-law Exemption
Larry and Gayle Handley, 22 Ingrid Drive
Ward 16 - Scarborough Highland Creek
The Scarborough Community Council recommends the adoption of the following report
(April20, 1999) from the Manager of Municipal Licensing and Standards, East District:
The applicants are seeking an exemption to allow an existing 2 metre (6 foot, 8 inch) fence to
remain in the street yard abutting Slan Avenue.
Financial Implications and Impact Statement:
It is recommended that City Council approve the application to permit the existing board on
board fence to remain at a height of 2 metres (6 feet, 8 inches) located in the street yard of the
south side of the property abutting Slan Avenue, and further, as a condition of approval, it is
recommended that the fence be lowered to a height of 1.2 metres (4 feet) for a distance of 1.8
metres (6 feet) on either side of the driveway, when the fence is replaced.
Acting upon a complaint, an inspection of a fence was conducted at property municipally
known as 22 Ingrid Drive. The inspection revealed a board on board fence approximately 2
metres (6 feet 8inches) in height located in the street yard and along the south property line.
The owners subsequently contacted the Division and advised that the fence had been in place
for approximately fifteen years. The fence was constructed so as to provide privacy and safety
for the occupants and their pets. It was noted that lowering the fence to 1.2 metres (4 feet)
would negate the original purpose of the fence while relocating the fence 2 metres (6 feet 8
inches) back from the property line would adversely diminish the amount of land available for
the occupant's use.
It is noted that the property is located at the intersection of Ingrid Drive and Slan Avenue. The
fence in question does not project into the front yard portion of the street yard and as such,
does not present any sight line difficulties for vehicular traffic at the intersection.
Access to the applicant's parking space is provided from Slan Avenue and the fence
terminates on either side of the driveway. This situation raises some concern with respect to
pedestrians using the sidewalk and caution is required when backing out of the property. To
address this concern, consideration should be given to lowering the fence on either side of the
driveway to 1.2 metres (4feet) for a lineal distance of 1.8 metres (6 feet).
Owing to the fact that the fence has been in existence for fifteen years, with no apparent
problem, it is considered reasonable to leave the lowering of these two sections of fence until
the fence is replaced.
Section 14 of By-law 24945, as amended, provides that any person may apply for an
exemption to any provision of the by-law.
East District Manager
(416) 396-4266 Fax Number