Item - 2019.NY7.32

North York Community Council:

1. Approved the request to install a 1.8 metre high wooden fence on the flankage of the subject premises within the public right of way at 33 Lytton Boulevard subject to the following conditions:

a. the property owners enter into an encroachment agreement with the City of Toronto at their 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 encroachment 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 encroachment in order to install or maintain services within the affected public right of way with no obligation to replace the encroachment;

d. the property owners agree to remove the existing overgrown hedges on the public right of way on the Duplex Avenue flankage; and

e. the property owners will comply with Urban Forestry's requirements with regard to the affected City tree including the submission of the Tree Protection Guarantee funds.

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 33 Lytton Boulevard for a 1.8 metre high wooden fence setback a minimum of 2.1 metres from the City sidewalk on Duplex Avenue flanking the subject premises. 

The 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, 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.