The York Community Council recommends that:

(1) the following report (March 12, 1998) from the City Clerk, be adopted; and

(2) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Purpose:

To present comments from applicable departments concerning this encroachment application.

Funding Sources, Financial Implications and Impact Statement:

None.

Council Reference/Background/History:

Encroachment application first made December 11, 1995.

Recommendation:

That the City Solicitor be instructed to prepare for presentation to Council, a by-law authorizing the encroachment at 277 Scott Road or, if necessary, prepare an Encroachment Agreement and By-law authorizing the entering into of that Agreement.

Comments and/or Discussion and/or Justification:

Bell Canada:

"We have no existing and/or proposed underground plant associated with the attached plan. Meets with our approval."

Consumers Gas:

"We have no objection to the above proposal, provided our standard clearances of 0.3m minimum vertically and 0.6m minimum horizontally are maintained."

Hydro Commission:

"We have no objection to this proposal provided a clearance dimension of approximately 1.5m can be maintained between the rear edge of the existing sidewalk and the front edge of the proposed front steps. Hydro phoned the applicant the week of December 27, 1995 and was advised that the 1.5m clearance would be okay."

Planning Department:

"Previously, this Department reported that the encroachment application was premature because the Committee of Adjustment had not rendered its decision regarding the proposed additions to the existing place of worship, including the subject stairs. However, since that time, the Committee rendered its decision, (conditionally granting the application) which was appealed by neighbours to the O.M.B. The O.M.B. issued its decision on August 8, 1997 and one of its conditions is that the proponent obtain the appropriate permission for any necessary encroachments upon City property, which is the reason for this application.

The Department has no objection to the proposed encroachment of stairs into the Scott Road allowance."

Building Department:

"This Department has no objection to the proposed encroachment as indicated on the plans submitted to this Department."

Operations Department:

"We have received revised plans from the proponent for an encroachment agreement on Scott Road.

The encroachment consists of concrete steps and a concrete wall as well as wood stairs. The total area of the encroachment is in an order of 19m2.

The Operations Department has no objections to the revised plans provided that provisions be made in the encroachment agreement for removal of the encroachment at no cost the City should that become necessary.

Attached are two plans received from the proponent."

Parks and Recreation Department:

"Department staff have reviewed the information and report that City trees shall not be harmed, damaged or destroyed. Protective measures, per York Civic Centre requirements, shall be undertaken. Owner/applicant shall contact the Director of Parks prior to any work being done."

Legal Department:

"No active files."

Conclusion:

That the encroachment application for 277 Scott Road be approved.

Contact Name:

Chi H. Ng

York Director of Professional Services

394-2648

394-2888 (fax)

or

Nadia Bartha

York Acting Property Co-ordinator

394-2511

394-2803 (fax)