DEVELOPMENT SERVICES COMMITTEE
	TO:	Mayor and Members of Council
	FROM:	Jim Baird, Commissioner of Development Services Valerie Shuttleworth, Director of Planning & Urban Design
	PREPARED BY:	Elizabeth Wimmer, Senior Planner, Urban Design
	DATE OF MEETING:	2005-May-17
	SUBJECT:	Variance to the Fence By-Law 277-97 at 12 Bernadotte Drive

RECOMMENDATION:

THAT the report entitled “Variance to the Fence By-Law 277-97 at 12 Bernadotte Drive” to Development Services Committee, date May 17, 2005 be received;

AND THAT the request to grant relief from the provisions of the Fence By-Law 277-97 to permit a 1.8 m (6 ft.) high masonry wall and masonry piers to remain as existing along the front yard property lines, whereas 1.2 m (4 ft.) is permitted for the front yard, be denied.

AND THAT the contravening fences be reduced or reconstructed to comply with the permitted heights as defined in By-Law 277-97.

PURPOSE:

To respond to a resident request for a variance to Fence By-Law 277-97.

BACKGROUND:

The contravening fence exists at 12 Bernadotte Drive in Markham. The fence is located along the north property line abutting Cachet Parkway and along the west property line abutting Bernadotte Drive. The fence along the north property line is a 1.8m high masonry wall. The partially constructed fence along the west property line consists of 1.8m high masonry piers. (See appendix A)

The homeowner Mr. Bic Ha Tsang, in recognition of the contravention of the by-law, is willing to remove a 12.5 m (41 ft.) section of the front yard fence extending from the stop sign at the intersection of Bernadotte Drive and Cachet Parkway running eastward along Cachet Parkway. This would leave approximately 15.0 m (49 ft.) of a 1.8 m (6 ft.) high section of fence in the front yard of the dwelling, along Cachet Parkway which would not comply with the fence by-law. In addition, ten, masonry 1.68 m (5.5 ft.) high piers would remain along the west property line abutting Bernadotte Drive.

OPTIONS/DISCUSSION:

Urban Design staff have inspected the Cachet Estates neighbourhood to review existing fencing types and have noted that the neighbourhood consists of large estate lots with substantial green spaces and a lack of visible front yard fencing. Fencing where it exists, is mainly in the form of rear yard black vinyl chain link or decorative metal fencing. This fence proposal is not consistent with the character of the existing community.

The location of Mr. Tsang’s house on the lot creates a large front and side yard to the north and west of the dwelling. It is evident that Mr. Tsang wishes to take advantage of this space and the fence provides a sense of enclosure and privacy. Upon review of the site plan staff have observed that Mr. Tsang has an equally large rear yard at the east end of the property which could be enclosed to permit the privacy and security of a 1.8 m (6ft.) high fence while complying with the fence by-law. The side yard could be landscaped in combination with a 1.2 m (4ft.) high fence to provide a visual buffer .(See appendix B)

It should be noted that the homeowner was directed to bring the fence into compliance with the Fence By-law 277-97 by By-Law Enforcement early on in the process of the fence construction.

Staff recommend the request for variance to the fence by-law be denied and that the existing 1.8m high masonry fences and piers be reduced to 1.2m high as stated in By-Law 277-97.

FINANCIAL CONSIDERATIONS:

No financial considerations at this time.

BUSINESS UNITS CONSULTED AND AFFECTED:

A complaint was registered and investigated by the By-Law Enforcement and Licensing Department. The property was inspected and the homeowner was directed to bring the fence into compliance with the fence by-law. The homeowner chose to seek the option of requesting a fence variance through a letter to the Town of Markham, Clerks Department. The Clerks Department forwarded the request to Urban Design for review and recommendation.

ATTACHMENTS:

Appendices A, B and C

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

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