Report to: Development Services Committee Date Report Authored: January 4, 2011

SUBJECT: Variance to Fence By-Law 277-97 at 9 Walsingham Court

PREPARED BY: Elizabeth Wimmer, Senior Planner, Urban Design

RECOMMENDATION:

1) THAT the report entitled “Variance to Fence By-Law 277-97 at 9 Walsingham Court” to Development Services Committee, dated January 4, 2011 be received;

2) 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 and exterior flankage yard be approved subject to the conditions outlined below:

3) AND THAT the proposed fence be constructed to comply with the following design requirements:

(i) The fence shall be positioned adjacent to the property line in order to be screened by the existing vegetation on the site. (Without impacting this vegetation).

(ii) The entry gate shall not exceed 1.8m (6ft.) in height.

(iii) The design shall conform to the design attached to Appendix A of this report.

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 Request that Council endorse a variance to the Fence By 277-97 at 9 Walsingham Court.

BACKGROUND:

Mrs. Ludmia Strapec is the owner of 9 Walsingham Court. Mrs. Strapec has requested a variance to increase the height of a proposed fence to be erected for security purposes in order to discourage people from accessing her property. In residential zones, The Town of Markham Fence By-law 277-97 limits the maximum height of fences to 1.2m (4ft.) in front yards and exterior side yards and to 1.80m (6ft.) in rear and interior flankage yards.

OPTIONS/ DISCUSSION:

Upon inspection of the site, the front of the property is located adjacent to Walsingham Court and the exterior flankage of the property abuts Major Mackenzie Drive. Both the front and exterior flankage yards are heavily treed with mature conifer trees. The majority of the length of this fence will be screened from view by these trees. The lot is a large estate lot and falls within the Cachet Woods rural residential community. Upon review of the neighbourhood, some of these lots were found to have front yard fences of 1.8m (6ft.) or greater.

The proposed fence is shown in Appendix A. It is a high quality black wrought iron fence and is acceptable to staff.

Staff are recommending this fence variance be supported subject to the following conditions:

(i) The fence shall be positioned adjacent to the property line in order to be screened by the existing vegetation on the site. (Without impacting this vegetation).

(ii) The entry gate shall not exceed 1.8m (6ft.) in height.

(iii) The design shall conform to the design attached to Appendix A of this report.

FINANCIAL CONSIDERATIONS AND TEMPLATE:

Not applicable.

HUMAN RESOURCES CONSIDERATIONS

Not applicable.

ALIGNMENT WITH STRATEGIC PRIORITIES:

Not applicable.

BUSINESS UNITS CONSULTED AND AFFECTED:

The By-law enforcement department has been consulted on this variance application.

RECOMMENDED

BY: ________________________ ________________________

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

Town Architect Commissioner of Development Services

ATTACHMENTS:

Appendix A – Fence Detail

Appendix B – Fence Layout

Appendix C – Photographs

Appendix D – Key Map

Q:\Development\Design\District\West\Fence Variance\9 Walsingham