Item - 2019.EY11.9
Tracking Status
- This item was considered by Etobicoke York Community Council on December 3, 2019 and was adopted with amendments. City Council has delegated authority for this matter to the Etobicoke York Community Council and therefore, the decision is final.
EY11.9 - Encroachment Appeal - Existing Fence at 12 Dennis Avenue
- Decision Type:
- ACTION
- Status:
- Amended
- Schedule Type:
- Delegated
- Ward:
- 5 - York South - Weston
Community Council Decision
Etobicoke York Community Council:
1. Authorized the City of Toronto, Transportation Services to enter into an Encroachment Agreement and allow the existing wrought iron fence at 12 Dennis Avenue to be retained at a maximum height of 2.032 metres, with the following conditions:
a. The property owner(s) relocate the fence to provide a 0.5m setback from the edge of the sidewalk along Dennis Avenue that is located closest to the street line.
b. The property owner(s) enter into an encroachment agreement with the City of Toronto, at their expense and assume all liability and damages related to the encroachment.
c. The property owner(s) retain, as long as the encroachment is maintained, valid property insurance in case of any claims initiated due to the encroachment.
d. The property owner(s) accept that the City and/or utility companies may remove the encroachment in order to install or maintain services within the affected public right of way.
e. Any fence gates must swing inward towards private property.
f. The fence footings will not exceed a depth of 1.2 metres below the existing surface.
g. Any other conditions deemed necessary by the General Manager, Transportation Services.
h. In the event any damages result to City equipment during sidewalk snow ploughing or other work, the applicant is fully responsible for all liability.
__________
Etobicoke York Community Council considered the following Items together:
- EY11.8, headed "Application for Fence Exemption - 12 Dennis Avenue"; and
- EY11.9, headed "Encroachment Appeal - Existing Fence at 12 Dennis Avenue".
Origin
Summary
This staff report is regarding a matter that the Etobicoke York Community Council has delegated authority from City Council to make a final decision.
Transportation Services is requesting authority to enter into an encroachment agreement with the owners of 12 Dennis Avenue for an existing fence that is located within the public road allowance. The fence has a maximum height of 2.032 metres, is made of wrought iron and causes no sight line issues. However, the minimum required 0.5 metre setback has not been provided from the edge of the sidewalk that is located closest to the street line, which may impede operational maintenance. It therefore requires delegated approval from Etobicoke-York Community Council.
Background Information
https://www.toronto.ca/legdocs/mmis/2019/ey/bgrd/backgroundfile-140074.pdf
Speakers
Motions
That Etobicoke York Community Council adopt the recommendations contained in the report (November 13, 2019) from the Director, Permits and Enforcement, Transportation Services, amended by adding the following new condition to Recommendation 1:
h. In the event any damages result to City equipment during sidewalk snow ploughing or other work, the applicant is fully responsible for all liability.