Item - 2019.NY11.33

North York Community Council:

1. Approved the request to maintain the wooden fence within the Sharron Drive public road allowance along the flankage of the property at 39 Cameron Crescent, which varies in height from 1.8 metres to 2.0 metres and is located within 70 metres from the Cameron Crescent and Sharron Drive intersection.

2. Approved the request to maintain the existing 0.5 metre wide strip of pavers within the Sharron Drive public road allowance along the flankage of the property at 39 Cameron Crescent, which have a zero setback from the City sidewalk.

3. Directed that approval of the encroachments within the public right of way be subject to the following conditions:

a. the property owners enter into an encroachment agreement with the City of Toronto at their own expense and assume all liability and damages related to the encroachments;

b. the property owners must retain valid property insurance for the duration of the encroachments in case there are any claims initiated due to the encroachments;

c. the property owners agree that the City and/or utility companies may remove the encroachments in order to install or maintain services within the affected public right of way with no obligation to replace the encroachments;

d. the property owners shall remove the encroachments if required by the City at any time and restore the public road allowance to the satisfaction of the City at their own expense; and

e. the property owners must comply with any other conditions deemed necessary by the City with respect to the encroachments.

This staff report is about a matter for which Community Council has delegated authority from City Council to make a final decision provided it is in keeping with City policy or by-laws.

Transportation Services is requesting authority to enter into an encroachment agreement with the owners of 39 Cameron Crescent for a wooden fence that has been installed within the Sharron Drive public road allowance, along the flankage of the property.  The fence varies in height from 1.8 metres to 2.0 metres, as measured from the roadway grade, is setback a minimum of 0.7 metres from the City sidewalk on Sharron Drive and is located within 70 metres from the Cameron Crescent and Sharron Drive intersection.

Transportation Services is also requesting authority to enter into an encroachment agreement for the 0.5 m wide strip of pavers that have been installed within the Sharron Drive public road allowance along the flankage of the property.  The pavers have a zero setback from the existing City sidewalk.

The fence and pavers on the public right of way do not meet the requirements of the City of Toronto Municipal Code, Chapter 743, Streets and Sidewalks, Use of, for delegated approval as an encroachment by the General Manager, Transportation Services. The owner will be given an opportunity to make a deputation before Community Council.