Request for Fence By-law Exemption

Jorge Chavarria, Elia Rojas, 67 Kentish Drive

Ward 18 - Scarborough Malvern

The Scarborough Community Council recommends the adoption of the following report (September 20, 1999) from the East District Manager, Municipal Licensing and Standards:

Purpose:

The applicants are seeking an exemption from By-law 24945 as amended to permit an existing solid board fence to remain as located in the street yard at a height of 1.75 metres whereas the by-law permits a maximum height of 1.2 metres.

Financial Implications and Impact Statement:

Nil.

Recommendations:

It is recommended that City Council approve the application to permit the existing fence to remain as constructed at a height of 1.75 metres, provided that a 1.2 metre sight triangle is established abutting the applicant's driveway.

Background/History:

Acting upon a complaint received, an inspection of the premises municipally known as 67 Kentish Drive was undertaken in May. The inspection revealed a solid board fence 1.75 metres in height constructed in the street yard of the property.

As a result of the inspection, a notice of contravention under By-law 24945, as amended, was issued to the registered owners. Subsequent to the issuance of the notice, a request for exemption from the height requirements of the by-law was received.

The applicants indicated that the fence in question was installed this year and replaced a fence of the same height which had been in existence for approximately thirty years. The applicants note that the property is a corner lot and the area fenced in is intended to provide an area of safety and privacy for their four children while they play.

Comments:

Staff have reviewed the request and have noted that the fence abuts a City sidewalk and runs parallel to the applicant's driveway. It is noted that the fence is solid board construction and, given its location, a sight visibility problem exists with vehicles backing out of the applicant's driveway. Sight visibility would be assisted if the fence was reconstructed to create a 1.2 metre sight triangle abutting the driveway and public sidewalk. The creation of such a sight triangle has been discussed with the applicants and they have indicated a willingness to alter the fence accordingly.

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