Item - 2019.TE11.76

The Toronto and East York Community Council:

1. Directed the General Manager, Transportation Services and the City Solicitor to enter into an encroachment agreement with the owner of 365 Osler Avenue to maintain an existing inadvertent building wall which will encroach approximately 0.10 metres within the future public lane flanking 365 Osler Avenue. The encroachment agreement will take effect once the public lane is conveyed to the City.

When Graywood first purchased 367 Osler Street, the parcel included a one storey garage - separate from the house -which shared a party wall with the neighbour to the south.  In order to develop 367 Osler Street into a laneway to then be conveyed to the City, Graywood had to demolish the house and garage on that parcel.  The neighbour to the south, at 365 Osler Street, subsequently rebuilt their garage in the same location.  However, by building their garage in the same location, they inadvertently encroached onto the 367 Osler Street parcel.  While this encroachment is not a nuisance to Graywood, or the City, it is holding up the conveyance of the lands to the City for the purposes of a public lane, which could cause significant delays in the approval of their draft condominium plan.  Transportation Services has delegated authority to enter into encroachment agreements for inadvertent building encroachments over City right of way. As the parcel which will be conveyed for public highway purposes is currently private property, Transportation Services requires authority to enter into an encroachment agreement at this time. The purpose of this motion is therefore to allow the City to enter into an encroachment agreement with the 365 Osler Street property owner prior to the lane conveyance, so that the public lane can be conveyed.