March 4, 1998

TO: North York Community Council

FROM: Steven P. Andrews, P. Eng.,

Deputy Commissioner of Public Works, North York

The purpose of this report is to consider the request for a proposed encroachment and backfalling driveway at the above location.

N/A

It is recommended that if the proposed encroachment and backfalling driveway are approved by the City, the encroachment and driveway be subject to the following conditions:

1) The owner(s) enter into an encroachment agreement with the City,

2) The agreement also includes a provision to Asave harmless@ the City in the event that the owners are flooded as a result of the backfalling driveway,

3) The City Solicitor be authorized to do all things necessary.

The Public Works Department is in receipt of a letter dated March 2, 1998 from Frank Reiss of Terraventure Group (copy attached) requesting an encroachment agreement and permission to construct a backfalling driveway on City property. The request is for a proposed encroachment which is not covered under the current policy.

The former City of North York policy provides for existing and inadvertent encroachments and requires the following for an application to be approved:

i) that all encroachments be subject to a legal agreement being entered into between the City and the Owner of the property abutting the encroachment;

ii) that such agreement be to the satisfaction of the City Solicitor and the Commissioner of Public Works and be registered on the title of the property abutting the encroachment;

iii) that a suitable survey drawing of the lands involved, prepared by an Ontario Land Surveyor, showing the location of the encroachment, its dimensions and areas, and any significant features and fences pertinent to the encroachment and satisfactory to the Commissioner of Public Works, be provided by the owner, to delineate the encroachment and that such plan be attached to and form part of the agreement;

iv) The owner provide confirmation letters from the utility companies that they have no objections to the encroachments prior to entering an encroachment agreement;

v) that the owner pay a one-time administrative fee of $150.00 to the Department of Public Works and a one-time administrative fee of $250.00 to the Legal Department.

The Committee of Adjustment at its meeting on December 18, 1997 approved a variance to the Zoning By-Law No. 7625 to allow for a 2.86 metre front yard set back instead of the required set back of 6.0 metres for this site.

As a result of the variance and in order to maintain a maximum backfalling driveway slope of 10%, the proposed driveway=s high point would be located approximately 3.14 metres on City property. The boulevard at this location is approximately 10 metres wide. The proposed driveway would be susceptible to storm water runoff from City property which could cause flooding on private property, therefore, the City must be protected from liability in the event that this occurs.

The proposed encroachment onto City property consists of a retaining wall along each side of the proposed driveway extending a maximum distance of approximately 3.14 metres beyond the property line.

There are no conflicts with existing or proposed municipal services, therefore, the Department has no objections to the proposed encroachment or the backfalling driveway subject to the owner entering into an encroachment agreement with the City and saving the City harmless in the event of flooding.