Encroachment - Vacant Lot North of 28 Glenavy Avenue
North York Centre South
The North York Community Council recommends that the encroachment and backfalling
driveway referred to in the following report (March 4, 1998) from the Deputy Commissioner
of Public Works, North York Civic Centre, be approved subject to the specified conditions:
Purpose:
The purpose of this report is to consider the request for a proposed encroachment and backfalling
driveway at the above location.
Funding Sources, Financial Implications and Impact Statement:
N/A
Recommendation:
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;
- the agreement also includes a provision to "save harmless" the City in the event that the
owners are flooded as a result of the backfalling driveway; and
3) the City Solicitor be authorized to do all things necessary.
Background:
The Public Works Department is in receipt of a letter dated March 2, 1998, from Mr. 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; and
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
percent, 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.
Conclusion:
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.
Contact Name:
Stan Bertoia, P. Eng., Director of Engineering, 395-6235