Request for Fence By-law Exemption

Linda and Graham Fisher, 420 Brownfield Gardens

Ward 16 - Scarborough Highland Creek

The Scarborough Community Council recommends the adoption of the following report:

Purpose:

The applicants are seeking approval to permit an existing fence to remain at its current height and location. The fence is of board on board construction with lattice at the top and is located on the applicant's north property line. The fence extends 11.54 metres (37.86 feet) into the front yard and has a height of 1.62 metres (5.25 feet).

Financial Implications and Impact Statement:

Nil

Recommendations:

It is recommended that Council approve the application to permit a board on board fence with lattice at a height of 1.62 metres (5.25 feet) in the front yard a distance of 11.54 metres (37.86 feet) along the north property line.

Background/History:

On April 28, 1998, an inspection was conducted at 428 Brownfield Gardens. While at the site, the inspector noted a fence at 420 Brownfield Gardens in the front yard which exceeded the height requirements of Fence By-law 24945 as amended. He advised the owner of the by-law requirements and a notice was issued on April 29, 1998. Subsequent to this notice, a request for exemption was received from the owners on May 22, 1998.

The property was inspected on May 23rd and it is noted that the applicant's property is located on the west side of Brownfield Gardens and is the last house on the dead end street. The applicants abut a residential property on the north side and the West Rouge Public School on the south side. The applicant's driveway and the neighbour's driveway to the north are not located next to the fence and as such, there is adequate sight visibility for vehicles exiting the property. There are no sidewalks on the street and the end of the fence is located 5 metres (16.4 feet) from the edge of the pavement.

It is noted that the fence ends in the vicinity of a hydro pole and by-law enforcement personnel in charge of the road allowance have advised that the fence is approximately 1.8 metres (6 feet) onto city property. In this regard, the applicants should be aware of the city's right to remove any encroachment at the owner's expense in order to undertake work on city property.

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