September 2, 1998

To:Etobicoke Community Council

From:Director, Transportation Services, District 2

Subject:Ms. Enrica Trionfo's Request for a Major Encroachment Agreement for an Existing Chain Link Fence and Stone Retaining Wall at 2 Stanmills Road Lakeshore - Queensway: Councillors Irene Jones and Blake Kinahan

Purpose:

To authorize the execution of a Major Encroachment Agreement for an existing chain link fence and stone retaining wall at 2 Stanmills Road.

Financial Implications:

Major Encroachment Agreements involve a one-time $700.00 application fee and an annual rental fee of $10.00 per square metre of public road allowance occupied or enclosed by the encroaching item. In this case, policy requires an annual rental fee of $258.00 (i.e., $223.00 per year for the wall and $35.00 for the fence).

Recommendations:

It is recommended that:

(1)Etobicoke Community Council approve the application for a Major Encroachment Agreement;

(2)the City Solicitor be instructed to prepare an appropriate Agreement; and

(3)the $258.00 annual rental fee normally associated with this encroachment be waived, but the applicant be required to pay the one-time $700.00 application fee representing the City's costs to administer the Agreement.

Background:

A new survey (Attachment No. 1), prepared for the sale of Ms. Trionfo's property which closed on July10,1998, revealed the encroachments of a 4 foot high chain link fence and a 2.5 foot high stone retaining wall onto the Stanmills Road and Islington Avenue public road allowances (Attachment No. 2). On July9,1998, Ms. Trionfo submitted a written application (Attachment No. 3), via her solicitor, for a MajorEncroachment Agreement to allow the fence and retaining wall to remain. A substantial monetary sum has been placed in trust by the applicant to protect the purchaser pending Council's decision on this matter. Ms. Trionfo's application also included a request that the annual rental fee be waived.

Comments:

The retaining wall corrects a slope in the grade surrounding the dwelling on site facilitating yard maintenance. Although no confirming documentation has been located, it appears that the retaining wall has been in place in excess of 30 years without complaint and predates the current Road Allowance Encroachment Policy which was created in 1994. The chain link fence also appears to predate existing policy and would, on its own, represent a Minor Encroachment requiring no annual rental fee. Prior to the current policy, road allowance encroachments required no annual rental fee.

The applicant will be required to comply with the terms set out in the Road Allowance Encroachment Policy including insuring the City against liability claims for a minimum of $2,000,000.00 and accepting responsibility to maintain the encroaching items. The life of the Agreement is subject to the pleasure of Council and/or the Commissioner of Works and Emergency Services and all encroaching items must be removed at the expense of the owner with 30 days written notice from the City.

Conclusions:

The items have encroached onto public road allowance for an extensive period of time without objection from the City, area residents and/or outside agencies. The retaining wall encourages maintenance of private property and the surrounding public road allowance by the resident and preserves area aesthetics at no cost to the City.

Contact Name:

D. Robertson, Budget/Road Allowance Coordinator, Transportation Services Division.

(416)394-8360; Fax 394-8942.

J. Thomas

Director, Transportation Services, District 2

DR

Attachments (3)