Report to: Development Services Committee Report Date: March 20, 2007

SUBJECT: Request for Variance to the Fence By-Law 277-97, as amended, for 9580 Woodbine Avenue

PREPARED BY: Elizabeth Wimmer, ext. 2750

RECOMMENDATION:

That the report entitled, “Request for Variance to the Fence By-Law 277-97, as amended, for 9580 Woodbine Avenue” be received;

And that the request to grant relief from the provisions of the Fence By-Law 277-97, as amended, to permit a 1.5m (5ft.) high decorative iron fence in a front and exterior flankage side yard of the church, whereas the By-Law limits the fence height in the front yard and exterior flankage side yard to 1.2m (4ft.) , be approved subject to the following conditions:

1. The fence design is to be consistent with the detail submitted. (Figure 4)
2. Entry gates must provide a minimum 6.0 meter clear width for fire truck access.
3. No lock is allowed to be installed as an internally integrated component of the gate system. The gates may only be chained, in order that the chain/lock may be cut by the Fire Department in the event of an emergency.
4. Entry gates can be closed only when there is no occupancy in the building.

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

EXECUTIVE SUMMARY:

Not applicable

FINANCIAL CONSIDERATIONS:

Not applicable

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

5. Others (Environmental, Accessibility, Engage 21st, Affected Units) 6. Attachment(s)

PURPOSE:

To consider an amendment to the fence by-law 277-97 to permit a 1.5m (5ft.) high decorative metal fence and gates to be installed along the property line in the front and side yards of the existing Markham Chinese Baptist Church, whereas a 1.2m (4ft.) high fence is permitted.

BACKGROUND:

A letter of application was forwarded to Sheila Birrell (Town Clerk) requesting an amendment to the fence by-law 277-97. A meeting was then arranged with the applicant and Town Urban Design Staff to discuss and review the application. The applicant expressed to the Town that the additional height is required for increased security purposes. It was noted that prior to site plan approval for the church, a series of public meetings were convened with the community. One of the issues raised at these public meetings was the security of the proposed garage structure and specifically the need to ensure that it does not become an area “hang out” for youth. The proposed parking garage and an adjacent sunken garden were fully open and accessible at grade. One of the solutions proposed by the community was to increase the height of a proposed perimeter fence from 1.2m to 1.5m in height. The garage plan and the proposed security measures were presented to Council on August 31, 2004 and were unanimously approved by Council. Subsequent to this approval, a community information night was held on September 9, 2004. The 1.5m high fence proposal was presented and accepted by the community. In this regard, the application for a variance to the fence by-law 277-97 is supportive of the decisions made by Town of Markham Council and the local community.

Staff has inspected the site and noted that the church property is flanked by single family residential lands to the north, south and west of the site. The residential lands to the north and south of the property are fronting onto local roads which directly abut the church property and the residential lands to the west directly back onto the church lands. A wood screen fence exists along the westerly property line. (See figure 2 and 3)

OPTIONS/ DISCUSSION:

The design of the proposed decorative metal fence is appropriate for the subject property and adjacent residential neighbourhood. (See figure 4) Upon inspection of the site it has been determined that a 1.5m (5ft.) high decorative metal fence would present an acceptable interface with the adjacent residential community. It was also noted that there is another church located on the east side of Woodbine Avenue which has incorporated a similar type of fence. (See figure 1 for an example of similar fencing on a place of worship property across the street.)

The applicant has also met with the Fire Department to review concerns relative to the installation of security gates. The Fire Department will approve the installation of gates across the fire route provided the following conditions are met:

1. Entry gates must provide a minimum 6.0 meter clear width for fire truck access.
2. No lock is allowed to be installed as an internally integrated component of the gate system. The gates may only be chained, in order that the chain/lock may be cut by the Fire Department in the event of an emergency.
3. Entry gates can be closed only when there is no occupancy in the building.

FINANCIAL TEMPLATE: (external link)

Not applicable

ENVIRONMENTAL CONSIDERATIONS:

Not applicable

ACCESSIBILITY CONSIDERATIONS:

Not applicable

ENGAGE 21^ST CONSIDERATIONS:

Not applicable

BUSINESS UNITS CONSULTED AND AFFECTED:

Clerks Department, By-Law Enforcement and the Fire Department.

RECOMMENDED BY:

________________________ ________________________

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

Director of Planning & Urban Design Commissioner of Development

ATTACHMENTS:

Figure 1 – Photo – Church 9333 Woodbine Ave. Neighbouring property with similar fencing.

Figure 2 – Area Context Map – Immediate Neighbourhood

Figure 3 - Fence layout

Figure 4 – Fence Detail

Q:\Development\Design\WEST\N_WOODBI\Fences\9580Woodbine.doc