The Public GalleryToronto

←Etobicoke York Community Council · 2023-04-03 · 2023.EY4.8

The filed record

119 Westrose Avenue - Encroachment Appeal

The Public Gallery wrote no story on this item. What follows is the city’s own record of what happened to it, as filed: nothing on this page is summarised or scored by us.

The decision

2023-04-03 · Etobicoke York Community Council · adopted

As filed

The Etobicoke York Community Council: 1. Authorized the General Manager of Transportation Services to enter into an encroachment agreement with the property owner of 119 Westrose Avenue, to permit a fence encroachment, 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.

Show the rest of As filed, 678 more characters as filed

Maintain the fence 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. 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 fence encroachment upon receiving 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 that Community Council has delegated authority from City Council to make a final decision. Transportation Services has reviewed an application to construct a fence encroachment within the public right-of-way at 119 Westrose Avenue. The encroachment consists of a wood board fence which is in contravention of the City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use Of.

Show the rest of As the city filed it, 525 more characters as filed

Specifically, the fence does not comply because it is within 70 metres of an intersection and exceeds one (1) metre in height. Although the fence is in contravention of the requirements under the Toronto Municipal Code Chapter 743, staff is of the opinion that it will not have a negative impact on the public right-of-way for pedestrians or for traffic on the affected streets. Therefore, Transportation Services is requesting authority to enter into an encroachment agreement with the property owner, subject to conditions.

Staff recommended

The Director, Permits and Enforcement, Transportation Services recommends that: 1. The Etobicoke York Community Council authorize the General Manager of Transportation Services to enter into an encroachment agreement with the property owner of 119 Westrose Avenue, to permit a fence encroachment, 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.

Show the rest of Staff recommended, 678 more characters as filed

Maintain the fence 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. 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 fence encroachment upon receiving 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

    More from this meeting

    The whole meeting