March 16, 1998
To:Scarborough Community Council
From:Commissioner of Corporate Services
Subject:Proposed Encroachment Agreement permitting a parking lot and wooden fence adjacent to 395 McCowan Road to
extend onto McCowan Road road allowance
Ward 15 - Scarborough City Centre
Purpose:
The parking area at 395 McCowan Road, the Church of Jesus Christ of Latter Day Saints, encroaches onto the McCowan
Road road allowance by approximately five feet, and a chain link fence encroaches about nine feet. The owners have
requested an encroachment agreement to permit the fence and pavement to remain.
Funding:
If approved, the standard encroachment fee of $350 will be deposited into Account #71290, the General Development
Reserve Fund.
Recommendations:
It is recommended that:
(1)the City permit the Church of Jesus Christ of Latter Day Saints, owners of 395 McCowan Road, to replace the fence
and pavement at their present locations, encroaching approximately nine feet onto the McCowan Road road allowance,
subject to:
(a) entering into a encroachment agreement with the City;
(b)payment of the administration fee of $350 and registration cost of $50;
(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 1960 the Church of Jesus Christ of Latter Day Saints conveyed a ten foot road widening on the east side of McCowan
Road, north of Eglinton Avenue, to the then Township of Scarborough. McCowan Road dead-ends a short distance to the
north. At the time of the conveyance, it was considered likely that McCowan Road would eventually be continued farther
north. Plans for such an extension were later deleted from the Official Plan, and McCowan Road is today a local road only,
and the widening appears not to be needed.
In 1970, the church redesigned its parking lot, and extended the paved area approximately five feet onto the road widening.
They also extended their sideline fence approximately nine feet onto the road allowance. They have occupied the City
property for the past 27 years. The encroachment occupies approximately 375 square feet of the road allowance.
The Church has requested an encroachment agreement to permit the parking area and new fence to be rebuilt at their
existing locations.
The zoning of the property is AChurch@ with Performance Standards permitting up to 50 percent coverage. The Official
Plan designation is Church 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:
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.
Conclusion:
Approval of the encroachment agreement is recommended.
<2:08 PM 4/30/98U>Contact Name:
R. Mayr, AACI, Director of Real Estate, Telephone (416) 396-4930, Fax (416) 396-4241
mayr@city.scarborough.on.ca (scc98032.wpd)
Margaret Rodrigues
Commissioner, Corporate Services
