Request for Fence By-law Exemption

Hamilton Brown, Raymond Frost, 38 Cherryhill Avenue

Ward 16 - Scarborough Highland CreekThe Scarborough Community Council recommends that Council:

(1)strike out the recommendation contained in the following report; and

(2)refuse the Fence By-law Exemption.

The Scarborough Community Council submits the following report (June 6, 1998) from the Director of Municipal Standards:

Purpose:

The applicants are seeking approval to permit an existing fence to remain at its current height and location. The applicants have constructed a 1.8 metre (6 feet) high fence extending 2.7 metres (8.86 feet) into the street yard abutting Cherryhill Avenue. Measurements taken at the site indicate that the fence is 5.74 metres (18.83 feet) from the Cherryhill streetline; 9.3 metres (30.5 feet) from the driveway of 36 Cherryhill Avenue and 5.8 metres (19 feet) from the driveway of 38 Cherryhill Avenue.

Financial Implications and Impact Statement:

Nil

Recommendations:

It is recommended that Council approve the application to permit a board on board fence with a height of 1.8 metres (6 feet) extending a distance of 2.7 metres (8.86 feet) along the southerly lot line into the street yard abutting Cherryhill Avenue.  

Background/History:

Acting upon a complaint received, an inspection of 38 Cherryhill Avenue was undertaken on May 22, 1998. The inspection revealed a 1.8 metre (6 feet) high fence extending into the street yard abutting Cherryhill Avenue. As a result of these findings, a notice under Fence By-law 24945 as amended was sent on May 25th to the registered owners. Subsequent to the issuance of the notice, a request from the owners seeking an exemption was received on May 30th.

Inspections of the property were undertaken on June 1st and 6th at which time photos were taken and sight lines examined. The inspections revealed a clear line of sight in both directions of the sidewalk and road from the driveway of the applicant.

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, Supervisor

(416) 396-5341

(416) 396-4266 Fax Number

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

The following persons appeared before the Community Council in connection with the foregoing matter, and expressed opposition to the Fence By-law exemption requested:

-Ms. Sandy Brown; and

-Mr. Andy Brown.