Encroachment Appeal - 100 Maclean Avenue

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The decision

2019-06-25 · Toronto and East York Community Council · adopted

As filed

The Toronto East York Community Council: 1. Approved the request to permit no setback from the rear edge of the sidewalk of ornamental retaining wall at 100 Maclean Avenue subject to the following conditions: a. Indemnify the City 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. Maintain the retaining wall 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.

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c. Accept such additional conditions as the City Solicitor or the General Manager, Transportation Services may deem necessary in the interest of the City; d. Remove the retaining wall upon receiving 90 days written notice to do so; and 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 encroachments.

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. The retaining wall does not meet the requirements of the City of Toronto Municipal Code, Chapter 743, Streets and Sidewalks, Use of, as it is not setback 0.5 meters from back of sidewalk on Avion Avenue and Maclean Avenue at 100 Maclean Avenue. Transportation services has reviewed the application to maintain the retaining wall which is set back immediately from city's sidewalk in contravention with Municipal Code of City of Toronto, Chapter 743 City Streets and Sidewalks, Use of.

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It has been determined that it does not negatively impact the public right of way. The owner will be given an opportunity to make a deputation before Community Council.

Staff recommended

Transportation Services recommends that Toronto East York Community Council: 1. Approve the request to permit no setback from the rear edge of the sidewalk of ornamental retaining wall at 100 Maclean Avenue subject to the following conditions: a. Indemnify the City 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. Maintain the retaining wall at their own expense in good repair and a condition satisfactory to the General Manager of Transportation Services and will not make any additions or modifications to the encroachment beyond what is allowed under the terms of the Agreement.

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c. Accept such additional conditions as the City Solicitor or the General Manager of Transportation Services may deem necessary in the interest of the City; d. Remove the retaining wall upon receiving 90 days written notice to do so; and 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 encroachments.

On the record

The item as the City filed it

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