Item - 2024.TE12.34

The Toronto and East York Community Council:

1. Authorized the General Manager of Transportation Services to negotiate and enter into an encroachment agreement with property owner of 40 London Street, to permit the construction and maintenance of the wooden fence subject, but not limited 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 wooden fence at their own expense in good repair and a condition satisfactory to the General Manager, 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, Transportation Services may deem necessary in the interest of the City;

d. alter the wooden fence to provide a 3.0 metre x 3.0 metre vision splay at the intersection of the fence located at the sidewalk and laneway;

e. remove the wooden fence upon receiving written notice to do so;

f. the property owner shall agree that the City and/or utility companies may remove the encroachments at any time in order to install or maintain services within the affected public right-of-way with no obligation to replace them; and

g. 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.

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

The purpose of this report is for Toronto and East York Community Council to consider an appeal from the property owner of 40 London Street regarding their encroachment application. The encroachment consists of a wooden fence which is in contravention of City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use Of.

The property owner is seeking approval from Toronto and East York Community Council to allow a wooden fence to be maintained within the public right-of-way at 40 London Street, which is in contravention of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use Of.