Item - 2024.TE15.27

The Toronto and East York Community Council:

1. Authorized the General Manager, Transportation Services to enter into an encroachment agreement with the property owner of 308 Delaware Avenue, to permit full privacy wooden fencing with a vision splay provided for pedestrians and motorists at the intersection of the existing driveway and the sidewalk, 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 wooden fencing 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 wooden fencing upon receiving written notice to do so;

e. 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;

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

h. 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 308 Delaware Avenue regarding their encroachment application.

The property owner is seeking authority from Toronto and East York Community Council to permit a 1.98m high wooden privacy fence to be constructed and maintained within the public right-of-way on the Shanly Street flank with a vision splay provided for pedestrians and motorists at the intersection of the existing driveway and the sidewalk at 308 Delaware Avenue using open screen fencing.