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
To authorize the execution of a Major Encroachment Agreement for an existing chain link
fence and stone retaining wall at 2 Stanmills Road.
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).
It is recommended that:
(1)Etobicoke Community Council approve the application for a Major Encroachment
(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.
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.
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.
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.
D. Robertson, Budget/Road Allowance Coordinator, Transportation Services Division.
(416)394-8360; Fax 394-8942.
Director, Transportation Services, District 2