45 Montye Avenue - Encroachment Appeal

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The decision

2025-09-18 · Toronto and East York Community Council · adopted

As filed

The Toronto and East York Community Council: 1. Authorized the General Manager, Transportation Services to enter into an Encroachment Agreement with property owner of 45 Montye Avenue, to permit a wooden fence, subject but not limited 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.

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maintain the wooden fence 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; 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 wooden fence upon receiving written notice to do so; 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; and f. no spikes or pointed tops are permitted on the fence, gate or pillars.

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. The purpose of this report is for Toronto East York Community Council to consider an appeal from the property owner of 45 Montye Avenue regarding their encroachment application. The encroachment consists of a wooden fence which is in contravention of City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use Of.

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The property owner is seeking authority from Toronto East York Community Council to allow a wooden fence to be maintained within the public right-of-way at 45 Montye Avenue, which is in contravention of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use Of.

Staff recommended

The Director, Permits and Enforcement, Transportation Services recommends that: 1. Toronto East York Community Council authorize the General Manager of Transportation Services to enter into an encroachment agreement with property owner of 45 Montye Avenue, to permit a wooden fence, subject but not limited 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.

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maintain the wooden 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 wooden fence upon receiving written notice to do so; 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; and f. no spikes or pointed tops are permitted on the fence, gate or pillars.

On the record

The item as the City filed it

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