Item - 2024.NY12.23

North York Community Council:

1. Authorized the General Manager of Transportation Services to enter into an encroachment agreement with the property owner of 105 Yonge Boulevard, to permit the installation of a 1.8 metre high aluminum panel fence on the flank of the subject premises within the public right-of-way, subject to the following conditions:

a. Indemnify the City from and against all actions, suits, claims or demands and from all loss, costs, damages, and expenses that may result from such permission granted;

b. Maintain the fence, at their own expense, in good repair and a condition satisfactory to the General Manager of Transportation Services and will not make any additions or modifications to the encroachment beyond what is allowed under the terms of the Agreement;

c. Accept such additional conditions as the City Solicitor or the General Manager of Transportation Services may deem necessary in the interest of the City;

d. Remove the fence upon receiving written notice to do so;

e. The property owner will enter into an encroachment agreement with the City of Toronto, at the applicant's expense, and assume all liability and damages related to the encroachments; and,

f. The proposed fence is not to be utilized as a primary enclosure fence for any pool located on the subject property.

This staff report is about a matter that Community Council has delegated authority from City Council to make a final decision.

Transportation Services has reviewed an application to construct and maintain an encroachment within the city right-of-way at 105 Yonge Boulevard. The encroachment consists of a 1.8 metres high aluminum panel fence at Felbrigg Avenue which is within 70 metres of the intersection at Yonge Boulevard.

The indicated fence is in contravention of City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use Of, Section 34A (2) (a) (1) which state the following:

743 – 34A (2) (a) (1) - No solid screen fence, privacy fence, railing, bollard, arbour, pergola, ornamental or retaining wall located within 70 metres of the intersection of any two or more streets shall not exceed a height of one metre with the height measured from the surface of the intersecting road.

Transportation Services is requesting authority to permit the installation of the aluminum fence and enter into an encroachment agreement with the property owner, subject to conditions based on the attached plans and applicable By-laws.