Encroachment Appeal - 175 Haddington Avenue

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The decision

2019-03-19 · North York Community Council · adopted

As filed

North York Community Council: 1. Approved the request to maintain a 1.8 metre high wooden fence on the flankage of 175 Haddington Avenue on the public right of way, subject to the following conditions: a. the property owners 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; b. the property owners must retain valid property insurance for the duration of the encroachments in case there are any claims initiated due to the encroachment; and c.

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the property owners agree that the City and/or utility companies may remove the fence in order to install or maintain services within the affected public right of way with no obligation to replace the encroachment.

On the agenda

As the city filed it

This staff report is about a matter for which Community Council has delegated authority from City Council to make a final decision provided it is in keeping with City policy or by-laws. Transportation Services is requesting authority to enter into an encroachment agreement with the owners of 175 Haddington Avenue to maintain an existing 1.8 metre high wooden fence on Clyde Avenue with a 3.5 metre setback from the roadway curb at the subject premises.

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The fence on the public right of way does not meet the requirements of the City of Toronto Municipal Code, Chapter 743, Streets and Sidewalks, Use of. The owner will be given an opportunity to make a deputation before Community Council.

Staff recommended

The Director, Transportation Services, Permits and Enforcement recommends that: 1. North York Community Council approve the request to maintain a 1.8 metre high wooden fence on the flankage of 175 Haddington Avenue on the public right of way, subject to the following conditions: a. the property owners 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; b.

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the property owners must retain valid property insurance for the duration of the encroachments in case there are any claims initiated due to the encroachment; and c. the property owners agree that the City and/or utility companies may remove the fence in order to install or maintain services within the affected public right of way with no obligation to replace the encroachment.

On the record

The item as the City filed it

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