Item - 2019.NY7.46

North York Community Council:

1. Approved the request to maintain the 2.2 metre high metal fence and retaining wall measured from the roadway grade on the frontage of the subject premises within the public right of way at 2966 Bayview Avenue, subject to the following conditions:

a. the property owner(s) 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 owner(s) 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 owner(s) 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; and

d. the property owner(s) 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 owner(s) of 2966 Bayview Avenue for the 2.2 metre high metal fence and retaining wall measured from the roadway grade and setback 3.5 metres from the roadway curb on Bayview Avenue fronting the subject premises.

The proposed metal fence and retaining wall 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 given their height and distance from the intersection of Bayview Avenue and Hillcrest Avenue.  The owner(s) will be given an opportunity to make a deputation before Community Council.