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←North York Community Council · 2019-04-24 · 2019.NY5.20

The filed record

Encroachment Appeal - 18 Felbrigg Avenue

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The decision

2019-04-24 · North York Community Council · amended

As filed

North York Community Council: 1. Refused the request to maintain a 1.8 metre high wooden fence on the flankage of the subject premises within the public right of way at 18 Felbrigg Avenue.

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 objecting to the proposed maintenance of an existing 1.8 metre high wooden fence on Felbrigg Avenue unless it is reduced to a maximum 1.0 metre height. 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.

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The owner will be given an opportunity to make a deputation before Community Council.

Staff recommended

The Director, Permits and Enforcement, Transportation Services, North York District, recommends that North York Community Council: 1. Refuse the request to maintain a 1.8 metre high wooden fence on the flankage of the subject premises within the public right of way at 18 Felbrigg Avenue. Or, 2. Approve the request to maintain a 1.8 metre high wooden fence on the flankage of the subject premises within the public right of way 18 Felbrigg Avenue subject to the following conditions: a.

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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 encroachment in case there are any claims initiated due to the encroachment; 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; and d. the property owners agree to reduce the fence height to a maximum 1.0 metre height to preclude traffic sightline impediment affecting the neighbour's driveway.

    On the record

    The item as the City filed it

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