Item - 2020.NY14.25

The North York Community Council:

1. Approved the request to install a 1.8 metres high wooden fence on the flankage of the subject premises within the public right of way at 551 Deloraine Avenue with a variable 3.8 metres to 5.0 metres setback from the roadway curb, subject to the following conditions:

a. that 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. that 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. that 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. that the property owners shall remove the encroachments if required by the City at any time and restore the public road allowance to the satisfaction of the City at their own expense; and

e. that the property owners must comply with any other conditions deemed necessary by the City with respect to the encroachments.

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 551 Deloraine Avenue for a 1.8 metres high wooden fence on the Falkirk Street flankage to enclose the rear yard, as measured from the roadway grade, with a variable 3.8 metres to 5.0 metres setback from the roadway curb of the subject premises within the public right of way.

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, 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.