Report to: Development Services Committee Date of Meeting: June 20, 2006

SUBJECT: Request for Variance to the Fence By-Law 277-97, as amended for 58 Johnson Street

PREPARED BY: Elizabeth Wimmer, ext. 2750

Melissa McKay, ext. 5790

RECOMMENDATION:

That the report entitled, “Request for Variance to the Fence By-Law 277-97, as amended for 58 Johnson Street” dated June 20, 2006 be received;

And That the request to grant relief from the provisions of the Fence By-Law 277-97, as amended to permit a 1.8m (6ft.) high decorative iron fence in a front and exterior flankage yard, whereas a 1.2m (4ft.) is the maximum permitted fence height, be approved, subject to the following conditions:

Site plan and final fence design detail being to the satisfaction of the Director of Planning and Urban Design
Owners repair the damage that was caused from the original fence installation
Owners ensure that gates are closed around the pool area for safety
Owners ensure that mature maple trees are not damaged from front yard fence installation

EXECUTIVE SUMMARY:

Not applicable

FINANCIAL CONSIDERATIONS:

Not applicable

A request was received from Mr. and Mrs. Corcia of 58 Johnson Street in Thornhill (Figure 1). The residents have requested that an exemption be granted from the maximum 1.2m (4 foot) front yard and exterior flankage yard height restriction contained in the Fence By-law, to permit a 1.8 meter high decorative metal fence.

The subject property is located on the southwest corner of Elgin Street and Johnson Street. The fence variance request applies to an existing 1.8m section of fence which extends along the exterior flankage yard into the front yard (Figure 5). The Fence By-law deems the fence to be located partially in the front and exterior side yards. The Fence By-law considers the shorter of the two lot lines abutting a street as the front lot line. The house, however, actually faces the longer lot line making the area in question appear and function as an exterior side yard.

The applicants indicate that the fence is required for security purposes for their young children and dog since the house fronts onto two public streets. The applicants also own a pool (Figure 2).

The property has several existing mature trees. There are two maple trees at the front of the yard on Johnson Street (Figure 3) and several cedar trees and also cedar bushes along the exterior side yard on Elgin Street (Figure 4). These trees were preserved while installing the fence on the exterior side yard and should be considered while placing the fence along the front yard. The vegetation can provide a buffer between the public streets and the proposed fenced area. Additional plantings are recommended to enhance this buffering effect.

This fence was initially brought to the Town’s attention by concerned residents reporting to the Councilor’s Office and By-Law Enforcement. Complaints pertained to the location of the fence along Elgin Street as it was encroaching onto the municipal boulevard. Municipal By-Law Officers have investigated the fence and the fence has been relocated onto private lands on the Elgin Street frontage. The fence on Elgin Street has also been moved further back onto the lot with consideration for the preservation of existing mature trees. The construction of the front portion of the fence is pending the outcome of this fence variance application.

The proposed decorative metal fence is felt to be acceptable for the subject property.

The lots in this community are generous in size and this style and height of fence is consistent with other existing fences along Elgin Street. The proposed fence style for this property is a high-quality decorative metal fence (Figure 4). This fence is visually open, allowing for views through the yard and beyond. Vehicular sightlines have not been impacted from the construction of the fence and sightlines will most likely not be impacted when the front fence on Johnson Street is built.

Several corner lots in the neighbourhood have similarly erected fences, both wooden and metal between 1.5 to 1.8 m in height, and also tall hedges. The areas enclosed by these fences and hedges are generally spacious. The fence locations also do not leave an overpowering effect or crowding of the houses or streets. The completion of the installation of the proposed decorative black metal fence would be an improvement over what presently exists on other corner lots in this neighbourhood due to the high quality materials, fence design and open character.

Most of the fences or hedges on the street are installed at the property line. The subject property, due to the preservation of existing mature trees located on the site, has re-installed the exterior flankage yard fence and a portion of the front fence further back from the property line to maintain a clear and open streetscape. The completion of the installation of the front fence will also be located in consideration for the mature maple trees. The material, genre, height and position of the fence will have a very small impact on the streetscape.

Further, the subject property will be using the side of the lot as an exterior side yard which also openly connects to the backyard. A fence of this quality would provide effective safety for the family as well as a pool security feature without imposing a visual obstruction to the neighbourhood.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable

ACCESSIBILITY CONSIDERATIONS:

Not applicable

ENGAGE 21^ST CONSIDERATIONS:

Not applicable

BUSINESS UNITS CONSULTED AND AFFECTED:

Clerks Department and By-Law Enforcement

RECOMMENDED BY:

Valerie Shuttleworth, M.C.I.P., R.P.P.

Director of Planning & Urban Design

Jim Baird, M.C.I.P., R.P.P.

Commissioner of Development Services

Figure 1 Location Map

Figure 2 Site Aerial Plan

Figure 3 Front Yard View (Johnson Street)

Figure 4 Flankage Yard View (Elgin Street)

Figure 5 Illustrative Plan of 58 Johnson Street