Request for Fence By-law Exemption

Ralph and Margaret Wright

28 Sharbot Avenue

Ward 15 - Scarborough City Centre

The Scarborough Community Council recommends the adoption of the following report (November 17, 1998) from the Director, Municipal Standards:

Purpose:

The applicants are seeking approval to allow an existing board on board fence varying in height from 1.98 metres (6.5 feet) to 1.9 metres (6.25 feet) to remain in their street yard abutting Sharbot Avenue. The fence is located along the south property line between No. 28 and No. 26 and is approximately 3.6 metres (12 feet) from the public sidewalk.

Financial Implications and Impact Statement:

Nil.

Recommendations:

It is recommended that Council approve the application to permit a board on board fence at a height of 1.98 metres (6.5 feet) extending into the street yard not closer than 6.09 metres (20feet) from the sidewalk on Sharbot Avenue.

Background/History:

Acting upon the receipt of a complaint, the subject property was inspected on September 4, 1998. The inspection revealed a fence constructed along the south property line dividing No. 26 and No.28 Sharbot Avenue. This board on board wood fence varying in height from 1.98 metres (6.5 feet) to 1.9 metres (6.25 feet) was found to extend into the street yard a distance of approximately 4.8 metres (16 feet) terminating approximately 3.6 metres (12 feet) from the sidewalk.

A notice of violation was issued on September 8, and a request for an exemption from the provisions of By-law 24945, as amended, was received. The applicants cite past disagreements with theabutting neighbour and a desire to limit contact between the parties.

On the face of it, the application is reasonable and under normal circumstances, a 1.98 metre (6.5feet) fence in the manner located on the applicant's property would not seem to present any sight line or safety issues. The area inspector, however, advises that the abutting property owner has a truck which, due to its length, would require a larger sight line than generally accepted. For this reason, he has suggested that the last 2.4 metres (8 feet) of the fence be reduced in height to 1.2metres (4 feet).

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, District Manager

(416) 396-7071

(416) 396-4266 Fax Number

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

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The following persons appeared before the Community Council in connection with the foregoing matter:

-Mr. Ralph Wright, owner of the property, in support of the staff recommendation; and

-Mr. Robert Wood, neighbour, objecting to the staff recommendation.