|
|
|
|
|
|
|
|
|
|
|
TO: |
Mayor and Members of Council |
|
|
|
|
FROM: |
Jim Baird, Commissioner of
Development Services |
|
|
|
|
PREPARED BY: |
Elizabeth
Wimmer, Senior Planner, Urban Design |
|
|
|
|
DATE OF MEETING: |
2003-Apr-22 |
|
|
|
|
SUBJECT: |
Exemption to the Fence By-Law 277-97 at 56
Weeping Willow Lane |
|
|
|
RECOMMENDATION:
THAT
notwithstanding clause 4.7 of By-Law 277-97 (Fences) an exemption be granted to
permit an existing 7.5-foot high (1.98m) fence to remain along the interior
side yard property line;
PURPOSE:
To respond to a written request from the homeowner of 56 Weeping Willow Lane to permit an exemption to By-Law 277-97 (Fences) with respect to the height of an existing fence and associated garden structure.
To recommend approval of an exemption to the fence by-law to permit an existing 7.5 feet high (1.98 metres) open lattice fence to the owners of 56 Weeping Willow Lane to remain as constructed.
BACKGROUND:
Mr. Sandy McNair, the homeowner at 56 Weeping Willow Lane in Thornhill, submitted a letter to the Clerks Department to request that an exemption to By-Law 277-97 (Fences) be considered. Currently, the contravening fence exists at the property in Thornhill and is located along the south property line on top of a retaining wall in the side yard of the dwelling.
Mr.McNair constructed the fence to screen the view of the southern neighbour’s blank, brick wall punctuated with dryer vents, utility connections and a basement window. These elements were visible when approaching the McNair’s main front entrance, as the front wall of the McNair’s home is set back further from the street than the house to the south. (See Figure 1)
There
is a garden structure located in the front yard of the property, which is
attached to the existing fence. The structure is approximately the same height
as the fence and consists of an overhead trellis and raised platform. The structure has no roof or walls and
functions as an informal seating area in the front garden. (See Figure 2)
OPTIONS/DISCUSSION:
Section
4.7 of the By-Law 277-97 (Fences) states, “If the fence is located in the
interior side yard between two properties, the subject fence shall not exceed 6
feet (1.8m) in height and may be erected to a point opposite the front corner
of the building nearer the road.”
The
contravening lattice fence at the side of the house exceeds the maximum
permitted fence height in By-Law 277-97 (Fences) by 1 foot 6 inches (.45m). The
fence does not project beyond the front corner of the building nearest to the
road and complies in this regard.
Section 2.2 of
By-Law 277-97 (Fences) states, “Garden Structure” means any structure composed
of posts, boards, pilings, rails, wire, masonry, ornamental iron or similar
materials, or any combination thereof erected, used or maintained as a
decorative feature of a garden that does not require a building permit to be
lawfully erected. Garden structures may
be incorporated into fencing as gates, arbors or other features.” Section 3.2
of the Fence By-Law states, “This by-law shall not apply to garden structures.”
The structure,
which is attached to the fence in the front yard, has been deemed a “Garden
Structure” by Town Zoning staff and as such, no variance is required for this
structure since the Fence By-Law does not apply.
The lattice
fence, the garden structure and the wall of the garage enclose the space
leading up to the McNair’s front door.
The combination of these elements creates a courtyard setting and
provides a sense of enclosure and privacy when approaching the front door. The increased fence height does not impede
any views from adjacent neighbours and reduces the impact of an otherwise blank
wall. The applicant has agreed to
install decorative fence caps and provide plant material and vines to soften
the look of the fence.
Mr. McNair has
obtained four sets of signatures from his neighbours at 54,57,58 and 59 Weeping
Willow Lane in support of the garden structure and side yard fence. (Figure
3) These individuals are the McNair’s
immediate neighbours and are most affected by these structures. They fully support and approve of the garden
structure and fence height. One resident in the neighbourhood has expressed concerns to the local councillor’s
office with respect to the fence and the associated garden structure.
Staff
are of the opinion that the lattice fence and the associated garden structure
are an innovative approach to dealing with this situation and recommend
approval of the exemption to the fence height.
FINANCIAL
CONSIDERATIONS:
No financial considerations are required.
BUSINESS UNITS CONSULTED AND AFFECTED:
The
By-law enforcement and Zoning departments have been consulted on these matters.
ATTACHMENTS:
Figure
1: Lattice fence and garden structure
Figure
2: Garden structure
Figure
3: Signed letter of support from adjacent neighbours.
|
|
|
|
|
Valerie Shuttleworth, M.C.I.P., R..P.P. Director Planning and Urban Design |
|
Jim Baird, M.C.I.P., R.P.P. Commissioner of Development Services |
Q:\Development\Design\West\Design\West\Thornhill\Report1
