February 26, 1998
To:Scarborough Community Council
From:Commissioner of Corporate Services
Subject:Proposed Encroachment Agreement for metal
fence onto Natal Avenue road allowance
Ward 13 - Scarborough Bluffs
Purpose:
The owners of 58 Natal have erected a wrought iron fence which encroaches onto the Natal Avenue road allowance by
approximately twelve feet. They have requested an encroachment agreement to permit the fence to remain. A petition has
been received from a number of neighbours in opposition to the fence.
Funding:
If approved, the standard encroachment fee of $350.00 will be deposited into Account Number 71290, the General
Development Reserve Fund.
Recommendations:
It is recommended that:
(1)the City permit the owners of 58 Natal Avenue to retain the wrought iron fence in its present location, encroaching on
the Natal Avenue Road Allowance subject to:
(a) entering into a standard encroachment agreement with the City;
(b)payment of the standard 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)appropriate City Officials be authorized and directed to take the necessary action to give effect thereto.
Background:
In the summer of 1997, the owners of 58 Natal Avenue constructed a wrought iron fence which is approximately six feet
high and encroaches approximately twelve feet onto the Natal Avenue road allowance. The fence is approximately three
feet from the sidewalk, extends both along the front of the property and along the side, immediately adjacent to the abutting
owner=s driveway. The encroachment occupies approximately 400 square feet of the road allowance. The owners have
requested an encroachment agreement to permit the fence to remain in its present location.
The sidewalk on this part of Natal Avenue is located immediately behind the curb. There are several similar
encroachments onto the road allowance, including a much larger one only two properties away, at the corner of Park St.
and Natal Avenue.
The zoning of the property is S-Single Family, with Performance Standards permitting one house per lot with a minimum
frontage of 9 metres (29.5 feet) and a minimum lot area of 325 square metres (3,500 square feet). The Official Plan
designation is Low Density Residential Uses.
The policy of the former City of Scarborough regarding encroachments considers this to be an area encroachment, and
requires payment of a one-time fee of $350.00, plus an annual fee of $0.40 per square foot of area encroached, with a
minimum payment of $250.00. Given the size of the area encroached, the minimum annual payment would apply.
Comments:
Several neighbours have contacted the City and indicated their opposition to the presence of the fence. A petition with 21
names representing 14 residences was received, which requested the fence be removed. In particular, the owners of 60
Natal have indicated that the presence of the fence so close to their driveway makes access and visibility difficult,
particularly at night.
The usual City Departments and outside agencies have been contacted, and no objections to the proposed encroachment
agreement have been received. From an operational perspective, therefore, the encroachment may be tolerated. In addition,
staff do not believe the fence presents a particular hazard to the abutting owner.
Property Standards staff have inspected the fence on several occasions. They report that when the fence was erected it was
in contravention of the City=s fence by-law as it was approximately .61 metres (2 feet) too high. However, the by-law was
amended prior to action being taken, and the revised by-law permits a fence of this height. Property Standards staff advise
that the fence now conforms to all aspects of the revised by-law with the exception of its location on the road allowance.
Houses on this part of Natal are typically set back approximately 5 metres (16 feet) from the property line, and
approximately 9 metres (29.5 feet) from the sidewalk. As a result, encroachments of various kinds are quite common.
Except for the design of the fence, this particular encroachment does not appear to be significantly different than many of
the others in the neighbourhood.
Conclusion:
There are numerous fences in this neighbourhood which encroach onto the road allowance. In the past the City has not
required their removal, unless deemed a safety hazard or presented operational problems. Approval of the encroachment
agreement is therefore recommended.
Contact Name:
R. Mayr, AACI, Director of Real Estate, Telephone (416) 396-4930, Fax (416) 396-424
Margaret Rodrigues
Commissioner, Corporate Services
Report Transmittal
Scarborough Real Estate
Report Subject:Proposed Encroachment Agreement for metal
fence onto Natal Avenue road allowance
Ward 13 - Scarborough Bluffs
Originating Division:Real EstateReport Date:February 26, 1998
Report No:Meeting Date:April 1, 1998
Written By:Warren PooleAgenda Deadline:March 19, 1998
No. of Appendices:OneFile No:Plan M-388
R o u t i n g
City Council
Community & Neighbourhood Services Committee
Corporate Services Committee
Emergency & Protective Services Committee
Strategic Policies & Priorities Committee
Strategic Policies & Priorities Committee (In Camera)
- Urban Environment & Development Committee
'TScarborough Community Council
F u n d i n g R e q u i r e m e n t s
Financial Implications: $Consultation with Finance:
Source(s) of Funds: Account Code(s):
A p p r o v a l
Draft Approval: R. Mayr, Director of Real Estate Date:February 27, 1998
Manager or Director
Consultation with other Division(s)
Approval:Director of other Division:Date:
Manager: Date:
Director: Date:
Functional Lead: Date:
Final Approval:Date:
Implementation Task Force Member
Special Instructions To City ClerkDelivered to City Clerk
Signature:
Date/Time:
