Item - 2026.TE34.101

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 1526 Davenport Road to permit the continued maintenance of the existing wooden privacy fence and wooden shed located on the Greenlaw Avenue 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 or amended 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 agree that the City and/or utility companies may remove the encroachment at any time in order to install or maintain services or infrastructure within the affected public right-of-way, with no obligation to replace it; 

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

h. the property owner will remove the asphalt paving, with the exception of a 1.5 metre-wide walkway, and restore the remaining area to soft landscaping, such as sod, groundcover, or planting beds.

This staff report is about a matter for which 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 1526 Davenport Road regarding their encroachment application. The encroachment consists of an existing wooden privacy fence and a wooden shed, which do not comply with City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use of.

The property owner is seeking authorization from Toronto and East York Community Council to allow the continued maintenance of the encroachment within the public right-of-way at 1526 Davenport Road. Transportation Services recommends that authority be granted, subject to the conditions set out in this report.