Item - 2021.NY23.34

North York Community Council:

1. Approved the request to maintain a 1.8 metre high wooden fence on the flankage of the subject premises on the public right-of-way at 298 Fairlawn Avenue, subject to the following conditions:

a. the property owner enters 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 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 owner agrees 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 encroachment; and 

d. the property owner shall remove the encroachment 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 of 298 Fairlawn Avenue for a 1.8 metre high wooden fence, with a 0.5 metre setback from the sidewalk on Elm Road at the subject premises. The proposed encroachment does not pose as a sight line obstruction.

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.