Report to: Development
Services Committee                     Date
of Meeting: September 5, 2006

SUBJECT:                          Variance
to Fence By-Law 277-97 at 12
Bernadotte Drive

PREPARED BY:               Elizabeth
Wimmer, Senior Planner, Urban Design

RECOMMENDATION:

THAT the report entitled
“Variance to Fence By-Law 277-97 at 12 Bernadotte Drive” to
Development Services Committee, dated September 5, 2006 be received;

THAT the request to grant relief from
the provisions of the Fence By-Law 277-97 to permit a 1.8m (6ft.) high fence in
the front yard be approved, subject to the conditions outlined below;

AND THAT the contravening fence be
reconstructed to comply with the following design requirements;

i)
The masonry portion height of fence may not extend
beyond 1.2 m (4ft.)

ii)
The existing 1.8m (6ft.) masonry columns be retained,

iii)
That a decorative metal fence/lattice be incorporated
to extend the height of the fence to a maximum 1.8m (6ft.).

EXECUTIVE SUMMARY:

Not applicable

FINANCIAL CONSIDERATIONS:

No financial implications in the
Town of Markham.

1.
Purpose                2. Background         3. Discussion             4.
Financial         5. Environmental

6. Accessibility       7. Engage 21st             8. Affected Units       9. Attachment(s)

PURPOSE:

To request that Council endorse a
variance to the Fence By-law 277-97 at 12 Bernadotte Drive.

BACKGROUND:

A previous report was sent to
Council on May 17, 2005 to recommend that Council deny a home owner request to
permit a 1.8m (6ft.) high masonry wall and masonry piers to remain as existing
along the front yard property lines, whereas 1.2m (4ft.) is permitted in the
by-law for the front yard.

Council received the report and
endorsed the recommendation of staff and recommended the contravening fences be
reduced or reconstructed to comply with the permitted heights as defined in
By-Law 277-97.

The applicants Mr. and Mrs. Bic Ha
Tsang appealed to Council on August
30, 2005.  A motion to
reconsider this matter was lost.

The applicants did not proceed to
implement the Council recommendations and the matter was referred by the Town
to the Ontario Court of Justice – Provincial Division on February 17, 2006.  The matter appeared at court on several
occasions and was eventually adjourned to October 27, 2006 at 9:00 am, in order to allow Town staff to work
with the homeowners to resolve the design issues.

This report reflects a negotiated
settlement satisfactory to Town staff and the homeowners Mr. and Mrs. Bic Ha
Tsang, subject to Council approval.

OPTIONS/ DISCUSSION:

The proposed fence design is
acceptable to staff, however is it not consistent with the Fence By-Law 277-97.   A fence variance is required.

The existing fence facing onto Cachet Parkway has
a decorative soldier course located at 1.2m (4ft.) from the base of the
wall.  It is the opinion of staff
that the existing 1.8m (6ft.) high fence should be lowered to the height of
this soldier course with an appropriate decorative cap applied.  Staff also recommends that the existing
1.8m (6ft.) high piers may remain and that a 0.6m (2ft.) high decorative metal
fence/lattice be added. (The metal design is to be consistent with other
decorative metal fencing on the site).

The homeowners Mr. and Mrs. Bic Ha
Tsang are in agreement with the proposed modifications.

The proposed variance would permit
the fence in the front yard of the property to be 1.8m high provided that the
design reflects the following;

i)
The masonry portion of the fence may not extend beyond
1.2m (4ft.)

ii)
That a decorative metal fence lattice be incorporated
to extend the height of the fence to a maximum 1.8m (6ft.).

iii)
The existing masonry columns may be incorporated to a
maximum 1.8m (6ft.) height.

FINANCIAL TEMPLATE (Separate Attachment):

A fee of $750.00 is required to
permit a fence variance.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable

ACCESSIBILITY CONSIDERATIONS:

Not applicable

ENGAGE 21ST CONSIDERATIONS:

Not applicable

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.

RECOMMENDED BY:

Valerie Shuttleworth

Director Planning and Urban Design

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

Commissioner of Development Services

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ATTACHMENTS:

Appendix A – Photograph
of the fence at 12 Bernadotte
Drive

Appendix B – Site Plan

Appendix C – Context
Map

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