Item - 2019.NY4.13

North York Community Council:

1. Approved the request to maintain a 1.82 metre high wooden fence and wooden pool house on the flankage of the subject premises on the public right of way at 14 Joyce Parkway, subject to the following conditions:

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

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 encroachment;

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

d. the property owner will 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; and

e. 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.

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 also requesting authority to enter into an encroachment agreement with the owners of 14 Joyce Parkway for a 1.82 metre high wooden fence, with a 1.78 metre setback from the roadway curb.  Transportation Services is also requesting authority to maintain an existing pool house (3.35 metres high, 6.15 metres long and 3.35 metres wide), setback 3.30 metres from the roadway curb on Sage Avenue at the subject premises.

The pool enclosure fence and pool house 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.  The owner will be given an opportunity to make a deputation before Community Council.