Item - 2025.TE20.23

The Toronto and East York Community Council:

1. Authorized the City to enter into an Encroachment Agreement with the owners of 525 Richmond Street West to permit the decorative privacy fencing made up of metal posts, gates and panels at a height of 1.8 metres with no setback from the sidewalk, 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 steel bollards and other delegated encroachments 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 encroachments 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 encroachments; and

f. 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 525 Richmond Street West regarding their encroachment application. The proposed encroachment consists of decorative privacy fencing that includes metal posts, gates, and panels at a height of 1.8m and with zero setback from the sidewalk which contravenes City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use Of, since no solid screen fence, privacy fence, railing, bollard, arbour, pergola, ornamental or retaining wall over 1.0m in height are permitted within 70m of two intersecting streets and no encroachments other than soft landscaping are permitted within 0.50 metres of the edge of sidewalk located closest to the street line.

Transportation Services is recommending that Toronto and East York Community Council authorize the construction and maintenance of the decorative privacy fencing within the public right-of-way on Richmond Street West as staff are of the opinion that it will not have a negative impact on the public right-of-way for pedestrians or for traffic on the adjacent streets.