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North York Community Council · 2026-05-26 · 2026.NY33.31

The filed record

83 Forest Heights Boulevard - Encroachment Appeal

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The decision

2026-05-26 · North York Community Council · amended

As filed

North York Community Council: 1. Refused the appeal of the encroachment agreement, and required that City lands currently encroached upon are restored to their previous condition.

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 North York Community Council to consider an appeal submitted by the property owner of 83 Forest Heights Boulevard regarding their encroachment application. The encroachment consists of a wooden privacy fence that does not comply with City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use Of.

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The property owner is seeking authority from North York Community Council to construct and maintain a wooden fence within the public right-of-way at 83 Forest Heights Boulevard, despite its non-compliance with the provisions of Chapter 743.

Staff recommended

The Acting Director, Street Permits, Transportation Services recommends that: 1. North York Community Council authorize the General Manager of Transportation Services to enter into an encroachment agreement with the property owner of 83 Forest Heights Boulevard, to permit a wooden fence, subject but not limited to, the following conditions: a. The property owner will 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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The property owner shall, at their owner expense, maintain the fence in a state of good repair to the satisfaction of 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. The property owner will 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. The property owner will remove the fence upon receiving written notice from Transportation Services to do so; e. The fence shall not include spikes or pointed elements; and f. 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 encroachment.

    On the record

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