Encroachment Appeal - Existing Fence at 12 Dennis Avenue

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The decision

2019-12-03 · Etobicoke York Community Council · amended

As filed

Etobicoke York Community Council: 1. Authorized the City of Toronto, Transportation Services to enter into an Encroachment Agreement and allow the existing wrought iron fence at 12 Dennis Avenue to be retained at a maximum height of 2.032 metres, with the following conditions: a. The property owner(s) relocate the fence to provide a 0.5m setback from the edge of the sidewalk along Dennis Avenue that is located closest to the street line.

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b. The property owner(s) enter into an encroachment agreement with the City of Toronto, at their expense and assume all liability and damages related to the encroachment. c. The property owner(s) retain, as long as the encroachment is maintained, valid property insurance in case of any claims initiated due to the encroachment. d. The property owner(s) accept that the City and/or utility companies may remove the encroachment in order to install or maintain services within the affected public right of way. e. Any fence gates must swing inward towards private property. f. The fence footings will not exceed a depth of 1.2 metres below the existing surface. g. Any other conditions deemed necessary by the General Manager, Transportation Services. h. In the event any damages result to City equipment during sidewalk snow ploughing or other work, the applicant is fully responsible for all liability. __________ Etobicoke York Community Council considered the following Items together: - EY11.8, headed "Application for Fence Exemption - 12 Dennis Avenue"; and - EY11.9, headed "Encroachment Appeal - Existing Fence at 12 Dennis Avenue".

On the agenda

As the city filed it

This staff report is regarding a matter that the Etobicoke York Community Council has delegated authority from City Council to make a final decision. Transportation Services is requesting authority to enter into an encroachment agreement with the owners of 12 Dennis Avenue for an existing fence that is located within the public road allowance. The fence has a maximum height of 2.032 metres, is made of wrought iron and causes no sight line issues.

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However, the minimum required 0.5 metre setback has not been provided from the edge of the sidewalk that is located closest to the street line, which may impede operational maintenance. It therefore requires delegated approval from Etobicoke-York Community Council.

Staff recommended

1. The Director of Permits and Enforcement, Transportation Services recommends that the Etobicoke York Community Council give authority to the City of Toronto, Transportation Services to enter into an Encroachment Agreement and allow the existing wrought iron fence to be retained at a maximum height of 2.032 metres subject to the following conditions: a. The property owner(s) relocate the fence to provide a 0.5m setback from the edge of the sidewalk along Dennis Avenue that is located closest to the street line.

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On the record

The item as the City filed it

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