Report to: Development Services Committee Report Date: June 17, 2008

SUBJECT: Request for Variance to the Fence By-Law 277-97, as amended, for 7751 Yonge Street (1547155 Ontario Ltd.)

PREPARED BY: Elizabeth Wimmer, Senior Planner, Urban Design ext. 2750

RECOMMENDATION:

That the report entitled, “Request for Variance to the Fence By-Law 277-97, as amended, for 7751 Yonge Street (1547155 Ontario Ltd.)”, be received;

And that the request to permit a 2.1m (7ft.) high, wood, acoustic fence in the interior side yard of a proposed residential condominium development at 7751 Yonge Street (1547155 Ontario Ltd.) be approved;

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

EXECUTIVE SUMMARY:

Not applicable

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

5. Others (HR, Strategic, Affected Units) 6. Attachment(s)

PURPOSE:

To consider an amendment to the Fence By-law 277-97 to permit a 2.1m (7ft.) high, wood, acoustic fence to be installed along the south property line of 7751 Yonge Street (1547155 Ontario Ltd.) abutting an existing residential property, whereas a 1.8m (6ft.) high fence is permitted.

BACKGROUND:

The former “Post Office” site is located at 7751 Yonge Street in the heart of the Thornhill Heritage Conservation District at the south east corner of Yonge Street and Thornhill Summit Drive. The site is currently subject to an appeal to the Ontario Muncipal Board (OMB) by the property owner. Minutes of settlement have been executed and filed with the Ontario Municipal Board. The formal Order of the Board will not be issued until advised by the Town and Appellant that all outstanding Site Plan and Zoning By-Law issues have been finalized. The approval of this fence variance will satisfy one of the outstanding Site Plan issues. (Figure 1 and 2)

OPTIONS/ DISCUSSION:

Mr. and Mrs. Ricciuti are homeowners that reside at 8 Eliza Street. Mr. and Mrs. Ricciuti’s property directly abuts the south property line of the post office site. As part of the settlement discussions, the Riccuti’s requested the developer install a new 2.1m (7ft.) high solid wood fence along the joint property line. The developer is in agreement. The new fence will replace an existing fence which is in excess of 2.1m in height. Mr. and Mrs. Ricciuti have expressed to the Town and the applicant that the additional fence height is required for security, noise reduction and visual buffering purposes from the proposed 4 storey building and adjacent parking lot. In the interest of settling this matter without the need for a full OMB hearing, staff also supports this request. (Figure 2 and 3)

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

Not applicable

HUMAN RESOURCES CONSIDERATIONS

Not applicable

ALIGNMENT WITH STRATEGIC PRIORITIES:

Not applicable

BUSINESS UNITS CONSULTED AND AFFECTED:

By-Law enforcement and the Legal Department

RECOMMENDEDBY:

________________________ ________________________

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

Director of Planning and & Urban Design Commissioner of Development

ATTACHMENTS:

Figure 1 - Location Map

Figure 2 – Context Map

Figure 3 - Fence Detail

Q:\Development\Design\WEST\THORNHIL\SITEPLAN\06 135980\Fence Report.doc