Request for Fence By-law Exemption

Edgar Bourne and Carol Bourne

95 Merkley Square

Ward 16 - Scarborough Highland Creek

The Scarborough Community Council recommends the adoption of the following report (April7, 1999) from the Manager of Municipal Licensing and Standards, East District:

Purpose:

The applicants are seeking an exemption to the by-law to allow an existing 1.8 metre (6 foot) solid board fence to remain in the street yard on the west side of the property.

Financial Implications and Impact Statement:

Nil.

Recommendations:

It is recommended that City Council approve the application to permit the existing solid board fence to remain at a height of 1.8 metres (6 feet) located in the street yard on the west side of the property and further, that as a condition of approval, the fence be lowered to a height of 1.2 metres for a distance of 1.8 metres from the sidewalk when it is replaced.

Background/History:

Acting upon a complaint, an inspection of a fence was conducted at property municipally known as 95 Merkley Square. The inspection revealed a solid board fence approximately 1.8 metres (6 feet) in height located along the westerly lot line abutting the driveway and extending to within 39centimetres of the sidewalk.

The owners subsequently contacted the Division and advised that the fence was constructed approximately twenty years ago so as to provide protection from the neighbour's dogs. The owners indicated that two Rottweilers and a Border Collie are currently owned by their neighbour and that the board fence discourages the dogs from rushing the fence and startling visitors to their property.

The subject property is located on the south side of Merkley Square which is an interior residential street accommodating predominantly local, as opposed to through traffic. The existence of a boulevard provides ample setback and thus sight visibility for drivers of vehicles backing from the driveway into the street. Visibility of oncoming pedestrian traffic is somewhat restricted given the location of the fence in proximity to the sidewalk. This observation respecting visibility is tempered by the fact that the fence has been in existence for twenty years without any apparent problems arising.

Comments:

Given the age of the fence, it is likely that replacement will be required in the foreseeable future. Also of note is the fact that no problems have arisen respecting pedestrians and vehicles exiting the property for the last twenty years. In consideration of these factors, it seems reasonable to address the fence height in relation to the sidewalk when it is replaced. When that happens, it would be appropriate to restrict the first 1.8 metre section of fence closest to the sidewalk to a height of 1.2metres.

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, East District Manager

(416) 396-7731

(416) 396-4266 Fax Number

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