Item - 2019.EY7.35

Etobicoke York Community Council:

1.  Approved the request to maintain an approximate 2.19 metre high fence, shed, and electrical outlet on the flankage of 70 Haverson Boulevard, within the Harlton Crescent public right of way, with the following conditions:

a.  The property owner shall, at their own expense, enter into an encroachment agreement with the City of Toronto on terms and conditions satisfactory to the General Manager, Transportation Services, including the following:

i.  The property owner shall assume all liability and damages related to the encroachments and release and indemnify the City with respect to any claims in relation thereto.

 
ii.  The property owner must retain valid property insurance for the duration of the encroachment installation on the right of way in an amount and with coverages satisfactory to the General Manager, Transportation Services.

 
iii.  The property owner shall agree that the City and/or utility companies may remove the fence, pillars, hedges, walkway, landscape at any time in order to install or maintain services within the affected public right of way with no obligation to replace them.

 
iv.  The property owner shall remove the encroachments if required by the General Manager, Transportation Services, at any time and restore the street to the satisfaction of the General Manager, Transportation Services.

 
v.  The property owner must comply with City of Toronto Municipal Code, Chapter 447, Fences, if the fence encroachment is altered or removed from the City right of way.

 
vi.   The property owner must comply with any other conditions identified by the General Manager, Transportation Services.

 
2.  Authorized the General Manager, Transportation Services, to negotiate, enter into and execute the encroachment agreement with the owner of 70 Haverson Boulevard as described in Part 1 above.

This report seeks to inform Etobicoke York Community Council that Transportation Services is in the process of preparing a final report, which will provide recommendations regarding the encroachment of an existing fence, shed and electrical outlet within the Harlton Crescent public road allowance. 

The subject encroachments are associated with the property at 70 Haverson Boulevard and do not meet the requirements of the City of Toronto Municipal Code, Chapter 743, Streets and Sidewalks, Use of, for delegated approval by the General Manager of Transportation Services.  As a result, the encroachments must be approved by Community Council, which has delegated authority from City Council to make a final decision in this regard.