March 4, 1998

TO:North York Community Council

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

Deputy Commissioner of Public Works, North York

SUBJECT:Encroachment - 10 Amos Crescent - North York Spadina (Ward 8)

Purpose:

The purpose of this report is to consider a request to permit an existing encroachment of a single family dwelling at the above location.

 Funding Sources, Financial Implications and Impact Statement:

 N/A

Recommendations:

It is recommended that if the existing encroachment is approved by the City, the encroachment be subject to the following conditions:

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

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

Background:

The Public Works Department is in receipt of a letter dated February 23, 1998 from Sheldon Steinberg of Steinberg and Waldman, Barristers and Solicitors on behalf of the vendor Ms. Berg (copy attached) requesting an encroachment agreement for a single family dwelling which is encroaching on an existing storm and sanitary sewer easement located between 10 and 12 Amos Crescent from Waterloo Avenue to Amos Crescent.

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.

A Plan of Survey number 64R-5433 dated June 4, 1976 showing the encroachment of the dwelling is currently being held on file.

The encroachment onto the sewer easement consists of a portion of the building along the east side extending approximately 0.69 metres wide and 15.71 metres long within the easement.

The property has been sold and the closing date is March 10, 1998.

Conclusion:

There are no conflicts with existing or proposed municipal services, therefore, the Department has no objections to the encroachment subject to the owner entering into an encroachment agreement with the City.

Contact Name and Telephone Number:

Stan Bertoia, P. Eng., Director of Engineering

Tel.: 416-395-6235 Fax No.: 416-395-6200

E-mail: sbertoia@city.north-york.on.ca

Steven P. Andrews, P.Eng.,

DEPUTY COMMISSIONER OF PUBLIC WORKS, NORTH YORK

BB/id

 CITY CLERK

Clause embodied in Report No. 4 of the North York Community Council, as deferred by the North York Community Council at its meeting held on April 1, 1998.

  42(g)Encroachment - 10 Amos Crescent - North York Spadina.

The North York Community Council reports having deferred consideration of the following report until its next meeting scheduled for May 6, 1998:

(March 4, 1998) from the Deputy Commissioner of Public Works recommending that if the proposed encroachment is approved by the City, the encroachment be subject to the following conditions:

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

(2)the City Solicitor be authorized to do all things necessary.