Item - 2025.TE24.35

The Toronto and East York Community Council: 

1. Authorized the General Manager, Transportation Services to enter into an encroachment agreement with property owner of 86 Kilbarry Road, to permit the aluminum metal fence which includes three stone pillars, an automated sliding driveway gate, an electrical pedestrian gate, and associated electrical conduits, and four steel automated retractable bollards and associated electrical conduits:

a. the property owner will indemnify the City of Toronto 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. the property owner will maintain the subject fence and bollards 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. the property owner will 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 subject fence and bollards 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;

f. the property owner will ensure all electrical wirings and connections to the subject fence and bollards are provided from the building located at 86 Kilbarry Road and all work to be in accordance with Electrical Safety Authority requirements;

g. maintain soft landscaping at a height not exceeding 1.2 metres;

h. no spikes or pointed tops are permitted on the fence, gate or pillars; and

i. the property owner will ensure the bollards will always either be fully extended or full retracted and will not interfere with City of Toronto road maintenance operations.

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 86 Kilbarry Road regarding their encroachment application. The encroachment consists of aluminum metal fence which includes three stone pillars, an automated sliding driveway gate, an electrical pedestrian gate, and associated electrical conduits and four steel automated retractable bollards and associated electrical conduits, which is in contravention of City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use Of.

The property owner is seeking authority from Toronto and East York Community Council to allow the aluminum metal fence and steel bollards to be constructed and maintained within the public right-of-way at 86 Kilbarry Road, which is in contravention of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use Of.