Item - 2021.NY25.25

North York Community Council:

1. Approved the request to install a 1.8 metre high wooden fence on the flankage of the subject premises on the public right-of-way at 225 Cortleigh Boulevard, subject to the following conditions:

a. the property owners 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 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 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 owners 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 of 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 225 Cortleigh Boulevard for a 1.8 metre high wooden fence, with a 3.1 metre setback from the roadway curb on Mona Road at the subject premises. The proposed encroachment does not pose 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 owners will be given an opportunity to make a deputation before Community Council.