Item - 2024.TE13.21

The Toronto and East York Community Council:

1. Authorized the General Manager, Transportation Services to negotiate and enter into an encroachment agreement with property owner(s) of 135 Glen Road, to install and maintain concrete and metal iron fences, automated gates, stone/concrete/brick pillars and a beech tree privacy hedge, subject to, 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 concrete and metal iron fences, automated gates, stone/concrete/brick pillars, and beech tree privacy hedge 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. remove the concrete and metal iron fences, automated gates, stone/concrete/brick pillars and beech tree privacy hedge upon receiving written notice to do so;

e. obtain clearances and/or sign-offs from all affected utilities and satisfy all conditions imposed by any utilities that may be affected by the installation and maintenance of the metal iron fences and stone/concrete pillars;

f.  no spikes or pointed tops are permitted on the fence;

g. automated gates to swing inwards and be powered from the property at 135 Glen Road;

h. obtain clearance and/or sign off from the Electrical Safety Authority for the automated gates;

i. maintain a minimum 1.0 metre clearance from existing utility poles and sign posts;

j. beech tree privacy hedge to maintain a 3.0 metre clearance from the edge of the driveway; and

k. the property owner(s) will enter into an encroachment agreement with the City of Toronto, at the applicant's expense.

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 135 Glen Road regarding their encroachment application. The encroachment consists of concrete and metal iron fences, and stone/concrete/brick privacy walls and pillars 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 concrete and metal iron fences, and stone/concrete/brick privacy walls and pillars to be constructed and maintained within the public right-of-way at 135 Glen Road, which is in contravention of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use Of.

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

Further to item TE13.21, “Encroachment Appeal - 135 Glen Road" this report provides an update on the revised application received from BSQ Landscape Architects. The applicant has worked with Transportation Services staff to revise their proposal to improve vehicle and pedestrian sightlines by lowering the solid masonry walls to 1.0m with open metal picket fencing surrounding the Whitney Avenue driveway. The fence and walls surrounding the site have also been modified to provide a minimum 1.0m clearance from existing utility poles and sign posts and 0.50m from the rear edge of the sidewalk.

Transportation Services has reviewed the application to construct and install encroachments within the public right-of-way at 135 Glen Road. The encroachments consist of concrete and metal iron fences, automated gates, stone/concrete/brick privacy walls and pillars, and a beech tree privacy hedge which is in contravention of City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use Of. Specifically, the concrete and metal iron fences, automated gates and stone/concrete/brick privacy walls, pillars and beech tree privacy hedge do not meet the height restrictions required for an encroachment of a fence structure.

Although the concrete and metal iron fences, automated gates, stone/concrete/brick privacy walls and pillars, and beech tree privacy hedge are in contravention of the requirements under Code Chapter 743, staff is of the opinion that it will not have a negative impact on the public right-of-way. Therefore, Transportation Services is requesting authority to enter into an encroachment agreement with the property owner(s), subject to conditions.