June 26, 1998

 To:Corporate Services Committee

 From:Commissioner of Corporate Services

 Subject:Proposed Encroachment Agreement

for eavestrough Dieppe Park, East York

(Ward 1 - East York)

 Purpose:

 This report recommends that the City enter into an encroachment agreement to permit the owners of 459 Cosburn Avenue to add a roof overhang and eavestrough encroaching approximately .45m (18 inches) onto Dieppe Park.

 Funding Sources, Financial Implications and Impact Statement:

 If approved, the standard encroachment fee of $350.00 will be received.

 Recommendations:

 It is recommended that:

 (1)the City permit construction of a roof overhang and eavestrough, projecting approximately .45m (18 inches) onto City-owned Dieppe Park, subject to the owners:

 a) entering into a encroachment agreement with the City;

 b)payment of the administration fee of $350.00 and registration cost of $50.00;

 c)provision of proof of insurance satisfactory to the City's Manager of Risk and Insurance;

 d)maintenance of the encroachment in good condition; and

 (2)the appropriate City Officials be authorized and directed to take the necessary action to give effect thereto.

Council Reference/Background/History:

 The owners of 459 Cosburn Avenue have partly completed an addition to their house, which is located immediately adjacent to and to the east of Dieppe Park. In order to improve the appearance of their addition, the owners wish to construct a standard roof overhang and eavestrough which would encroach onto the adjacent park by a distance of approximately .45m (18 inches).

 The fence separating Dieppe Park from 459 Cosburn Avenue was installed by the City approximately .33m (13 inches) inside the City property line. The encroachment onto the useable part of the City property would therefore be approximately .12m (4.75 inches).

 Comments and/or Discussion and/or Justification:

 The usual City Departments and outside agencies have been contacted. Parks and Recreation staff have no issues. In terms of other departments, no objections have been received but not all agencies have responded. In order not to delay the owners from completing their addition until after the summer recess, approval of the encroachment is recommended, provided that no objections are received.

 Conclusions:

 The proposed formalization of the existing encroachment will not hamper the operation of Dieppe Park, and approval of the encroachment agreement is recommended.

 Contact Name:

 R. Mayr, AACI, Director of Real Estate, Telephone (416)396-4930, Fax (416) 396-4241

rmayr@city.scarborough.on.ca (cs98121.wpd)

 Margaret Rodrigues

Commissioner, Corporate Services