Item - 2026.TE32.28

The Toronto and East York Community Council: 

1. Authorized the General Manager, Transportation Services to enter into an Encroachment Agreement with property owner of 16 Afton Avenue to permit the continued maintenance of the existing wooden privacy fence, that includes a 1.2 metre high section along Afton Avenue and 1.2 to 2.25 metre high section along the Lisgar Street flankage, the decorative metal archway that is 2.3 metres in height, the gabion walls ranging from 1.41 to 2.25 metres in height, and the vehicle access door, approximately 2.71 metres in height, all located on the Lisgar Street flankage, located within the public right-of-way, subject to but not limited to the following conditions:

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 encroachment 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. the property owner will remove the encroachment upon receiving written notice from Transportation Services 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 encroachment;

f. the property owner shall provide a minimum 4.0 metre vision splay on the south side of the vehicle access door and 3.0 metre vision splay on the north side of the vehicle access door; within these areas, the fence height shall be reduced to a maximum of 1.0 metre to mitigate sightline concerns at the driveways for both 16 Afton Avenue and 220 Lisgar Street;

g. no spikes or pointed tops are permitted on the encroachment;

h. the automated vehicle access door shall be required to operate using an upward-opening mechanism and shall be powered exclusively from the property at 16 Afton Avenue; and

i. the applicant shall obtain clearance and/or formal signoff from the Electrical Safety Authority confirming that the automated vehicle access door complies with all applicable electrical safety requirements.

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 16 Afton Avenue regarding their encroachment application. The encroachment consists of an existing wooden privacy fence, a decorative metal archway over the fence gate, gabion walls, and a vehicle access door, which do not comply with City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use Of.

The property owner is seeking authorization from the Toronto and East York Community Council to allow the continued maintenance of the encroachment within the public right-of-way at 16 Afton Avenue. Transportation Services does not recommend that authority be granted.