Item - 2019.NY5.21

North York Community Council:

1. Approved the request to maintain a 2.0 metre high wooden fence on the flankage of the subject premises on the public right of way at 22 Annesley Avenue, 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 in order to install or maintain services within the affected public right of way with no obligation to replace the encroachments; and

d. 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.

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 22 Annesley Avenue for a 2.0 metre (measured from the roadway grade) high wooden fence, with a 3.2 metre setback from the roadway curb on Roxville Avenue at the subject premises.

The proposed fence on the public right of way does 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.