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TO: |
Mayor and Members of Council |
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FROM: |
Valerie Shuttleworth, Director of Planning &
Urban Design Jim Baird, Commissioner of Development Services |
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PREPARED BY: |
Elizabeth
Wimmer, Senior Planner, Urban Design |
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DATE OF MEETING: |
2003-Jul-07 |
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SUBJECT: |
Amendment to the Fence By-Law
277-97 |
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RECOMMENDATION:
THAT By-law 277-97 be amended to permit 1.8 m
(6 feet) high rear yard fences for corner lots in residential zones subject to:
a maximum 1.8 m (6 feet) of open lattice OR a maximum of 1.52 m (5 feet) of
solid panel, commencing from the ground, with a maximum 0.3 m (1 foot) of open
latticework at the top of the fence.
AND THAT Council enact the Fence By-law
Amendment attached as Appendix A.
PURPOSE:
To recommend an amendment to By-law 277-97,
Section 4.0, Fences in Residential Zones, A. Requirements for Fences on Corner
Lots, in order to respond to numerous inquiries and requests for height
exemptions to this section, from homeowners in the OPA 5 communities.
BACKGROUND:
Prior to the establishment of the Urban
Expansion Area (OPA 5), 1.8 m (6 foot) high flankage/rear yard fences were
permitted on most corner lots in residential areas in Markham. This is the
predominant pattern of corner lot fencing in the older established areas of
Town. At the time of approval of
Community Design Plans for the Urban Expansion Area (OPA 5), Council
endorsed a policy further limiting the height of corner lot fencing on all new
lots in the OPA 5 communities.
The reduced fence height of 1.2 m (4 feet)
along the flankage/rear yard property boundary in OPA 5 was to encourage corner
lot houses to front onto the flanking street and also to minimize the overall
impact of fencing on the streetscape. Through the implementation of
architectural control guidelines and the reduced setback dimension (from 4.5m
to 2.4m) of the exterior/flankage yard, the exterior/flankage yard was to be
considered equivalent to a “front yard” in terms of its interface with the
community.
Council also endorsed a policy for the OPA 5
area of requiring the developer to provide corner lot fencing on all new lots
in the OPA 5 communities. The intent of this policy was to encourage a unified
fencing approach and compliance with the new height limit.
By-law 277-97 permits a 1.8m (6 feet) high
fence where the exterior flankage yard is less than 3.0 metres (10 feet),
provided the fence is erected at a setback equivalent to that of the main
building wall. In cases where the exterior/flankage yard is greater that 3.0
metres (10 feet) a 1.8 metre (6 feet) high fence is permitted, with no
requirement that it be setback as far as the main building wall.
Homeowners in Markham are requesting that 1.8m
(6 feet) high fences be permitted at the limit of their property and not at the
main building wall where the building setback is 3.0 metres or less. They are
also resisting the loss of rear yard amenity area on the street side of their
1.8m (6 feet) high fences or conversely the lack of privacy afforded by a 1.2m
(4 feet) high fence.
A petition has been forwarded from the
residents of the Cachet Fairways Community in Ward 6 to the local ward
councillor and we understand other petitions are forth-coming from the Wismer
(Ward 4) and Berczy (Ward 3) communities which identify similar concerns.
Planning and Urban Design Staff have been
working with Markham homeowners on fence height exemption requests since the
commencement of new construction in the OPA 5 communities (Urban Expansion
Area). In most cases the residents have
been referred to this
Department by the Clerks Department and are
seeking an increase in the permitted fence height for flankage/rear yard
fences, from 1.2m (4 feet) to 1.8m (6 feet).
OPTIONS/DISCUSSION:
The Town of Markham Urban Design Group requires developers to design and install flankage/rear yard fencing in new plans of subdivision in OPA 5. It is in the interest of the Town to encourage the developer to provide corner lot fencing for privacy but also to reduce the visual impact of fencing through its placement, height and consistency of design. The proposed increase in height from 1.2 metres (4 feet) to 1.8 metres (6 feet) will have a visual impact on the streetscape. However, the upgraded building elevations, that have been achieved through architectural control, assist to balance and minimize this impact.
Implementation has been difficult and administratively
cumbersome.
The implementation of corner lot fencing has
been difficult in many of our new communities, as homeowners have chosen not to
wait for the developer/builder to install the required fencing. In numerous instances owners have hired
their own contractors and installed the flankage/rear yard fencing to their own
specifications of 1.8m (6 feet), at the property line. In these cases the
erected fencing contravenes By-law 277-97 and approved landscape plans. Staff
then request that the developer/builder go back to the residents to seek
permission to allow them to install the approved flankage/rear yard fence. In most cases the residents have refused and
the fences have remained in contravention.
In the Wismer and Berzcy communities, the residents have increased the
height of the 1.2m (4 feet) high fence
(provided at the property line by the developer/builder) to 1.52m (5
feet) and 1.8m (6 feet) by adding latticework on top to extend the fences.
Markham OPA 5 residents have been requesting
exemptions to section 4.0 of By-law 277-97 to allow an increase in
exterior/rear yard fence height at the property line to provide increased
privacy. Requests have been reviewed on
a case-by-case basis and supported in most instances. Variances of 1 and 2
feet, based on site-specific conditions have been approved. Grade differentials
and/or children/dog safety are reasons cited for exemption requests. The
endorsed fence detail generally consisted of 1.52m (5 feet) of solid panel with
.3m (1 foot) of latticework.
The By-Law enforcement department does not have
sufficient resources to enforce the fence by-law. As a result there are many illegal corner lot fences which exist
in our new communities which further exacerbates additional
non-compliance.
Town of Markham staff have investigated the
process of a fence permitting system with the Clerks Department and Legal
Services Department. It was concluded that no added benefit would be achieved
as a result of implementing, administering and enforcing this system. A Fence Permitting requirement and
associated staffing and administrative procedures is not felt to be justifiable
as a “core service” of the municipality at the present time.
Fence by-law exemption requests have been directed
to the Urban Design Section through the Clerk’s Department, as Urban design
Staff have the technical expertise required to resolve these issues. The Urban
Design Group is very familiar with the OPA 5 Community Design Plans and
associated Architectural Control Guidelines and has the knowledge required to
assess the site-specific conditions which may warrant an exemption to the Fence
By-law. On an annual basis, there have been many (in excess of 50) queries
regarding and requests for By-law 277-97 exemptions requiring investigations
which have involved a great deal of staff time and resources. The trend is for
an increase in the number and frequency of requests and petitions.
The recommended changes to the bylaw should
eliminate a large number of these exemption requests, with the exception of a
few unique cases that would be forwarded to Council for review and approval.
It is recommended that By-law 277-97, Section
4.0 Fences in Residential Zones, Section A. Requirements For Fences on Corner
Lots, be amended to provide that the maximum fence height in an
exterior/flankage yard be 1.2m (4 feet) and that the maximum height of a fence
in a rear yard be 1.8m (6 feet). The fence in a rear yard must either consist
of 1.8m (6 feet) of open lattice work or a maximum 1.52m (5 feet) solid panel,
as measured from grade, with a maximum .3m (1 foot) open lattice work at the
top of the fence. (See attached Schedule 4 for illustration).
FINANCIAL CONSIDERATIONS:
A considerable amount of Urban Design, Clerk’s
Department and By-Law Enforcement staff time and resources are absorbed with
examining fence by-law exemptions and inspections. We anticipate a reduction in
these areas based on the proposed by-law amendment. We also expect that
compliance with By-law 277-97 will be improved as this amendment will permit a
fence design that will meet the needs of Markham homeowners.
BUSINESS UNITS CONSULTED AND AFFECTED:
The Clerk’s Department, Zoning Department,
By-Law Enforcement Department and Legal Department have been consulted on these
matters.
ATTACHMENTS:
Schedule 2: Cachet
Fairways Fence By-Law Petition
Schedule 3: Fence
By-Law 277-97
Schedule 4: Illustrative
Plan
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Valerie Shuttleworth, M.C.I.P., R.P.P. Director of Planning & Urban Design |
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Jim Baird, M.C.I.P., R.P.P. Commissioner of Development Services |
Q:\Development\Design\West\fencebylaw.doc
