Request for Fence By-law Exemption

Joseph and Margaret Csizik

4427 Lawrence Avenue East

Ward 16 - Scarborough Highland Creek

The Scarborough Community Council recommends the adoption of the following report (November 9, 1998) from the Director, Municipal Standards:

Purpose:

The applicants are seeking an exemption to the by-law to allow an existing board on board fence, varying in height from 1.8 metres (6 feet) to 1.98 metres (6.5 feet) extending into the street yard, to remain in its present location.

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 varying in height from 1.8 metres (6 feet) to 1.98 metres (6.5 feet) to remain in the street yard a distance of 7.98 metres (26.2 feet).

Background/History:

Acting upon a complaint, an inspection of a fence was conducted at property municipally known as 4427 Lawrence Avenue East. The inspection was undertaken by the road allowance enforcement unit on July 21, 1998. Inspection revealed a fence approximately 1.8 metres (6 feet) in height constructed into the street yard and abutting at and running parallel to the sidewalk. A notice was issued to remove the fence from city property and this was subsequently done by the owner.

An additional complaint regarding the fence height was received by the Division in August. The subsequent inspection revealed a 1.2 metre (4 foot) board on board fence constructed along the front property line parallel to the sidewalk and a 1.8 metre (6 foot) to 1.98 metre (6.5 foot) board on board fence constructed in the street yard abutting the west side of the applicant's driveway. A notice was issued on September 11, 1998, directing that the fence be brought into conformity with By-law 24945, as amended. In response, a request for a fence exemption was received on September 23. The owners indicate that the purpose of the fence is to provide privacy and security for the property.

The owners indicate that owing to the width of the driveway, it is possible to turn around in the driveway prior to exiting, thus eliminating the need for a sight line triangle. Inspection of the property indicates that a vehicle backing out of the driveway could have some difficulty seeing pedestrians walking along the sidewalk. It is noted that the fence is set back two or three feet from the sidewalk and not much of the fence would have to be lowered to accommodate an eight foot sight triangle. Such a sight line could be established if the 1.98 metre (6.5 foot) fence is allowed to project into the street yard a maximum distance of 7.98 metres (26.2 feet) from the front of the garage.

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