Request for Fence By-law Exemption

Martine Michelle, Gregory Mulvey, 61 Ladysbridge Drive

Ward 16 - Scarborough Highland Creek

The Scarborough Community Council recommends:

(1)that the recommendation contained in the following report be struck out; and

(2)that City Council approve a fence along the south side property line at a height not to exceed 2 metres.

The Scarborough Community Council submits the following report (September 21, 1999) from the East District Manager, Municipal Licensing and Standards:

Purpose:

The applicants are seeking an exemption to By-law 24945, as amended, to permit a 9.1 metre section of fence to remain at a height of 2.4 metres whereas the by-law permits a maximum height of 2 metres.

Financial Implications and Impact Statement:

Nil.

Recommendations:

It is recommended that City Council approve the application to permit a 9.1 metre section of fence along the south property line to remain as constructed at a height of 2.4 metres.

Background/History:

Acting upon a complaint received, an inspection of the property known municipally as 61 Ladysbridge Drive was undertaken in late July. Inspection revealed a 2.4 metre high fence consisting of lattice panels constructed along the south property line for a distance of 9.1 metres.

As a result of the inspection, a Notice of Violation was issued to the registered owners. Subsequent to the issuance of this notice, a request for exemption from the by-law was received.

The applicants indicated that the neighbour's building to the south is located within .6 metre of the side lot line. In addition, the southerly abutting property has a second storey deck which projects into the rear yard. According to the applicants, this situation has resulted in a loss of privacy when their rear yard is in use. A secondary purpose for the privacy fence is the screening of an abutting shed. The applicants argue that a third of the constructed fence abuts the neighbour's shed and results in no impact upon the neighbours.

Comments:

It is noted that both the applicant and the abutting neighbour have second storey decks constructed at the rear of their buildings. From a privacy point of view, the neighbours will be able to look into the applicant's yard from the deck. In this respect, the value of the fence for privacy purposes is limited to ground level. It would seem, therefore, that the fence height was established in order to screen the abutting neighbour's shed from view.

A site inspection revealed that the subject fence does not abut any windows on the building to the south, thus negating any apparent visual or light blocking impact.

When considering requests for exemption, staff are primarily concerned with the issue of safety, particularly with respect to sight lines and the interaction between pedestrians and motor vehicles. In the case of the subject fence, such concerns are not an issue.

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