April 25, 1999

To:Corporate Services Committee

From:Commissioner of Corporate Services

Subject:Request for an Encroachment Agreement - 1883 McNicoll Avenue

Southwest Corner of Kennedy Road and McNicoll Avenue, Former City of Scarborough - Part of Lot 29, Concession 4

(Ward 17 - Scarborough Agincourt)

Purpose:

To seek authority for an encroachment agreement to permit an existing canopy overhanging at the southwest corner of Kennedy Road and McNicoll Avenue to remain.

Funding:

Revenue of $350.00 plus disbursements will be credited to Legal Services Division of the Corporate Services Department.

Recommendations:

It is recommended that:

(1)the City enter into an encroachment agreement with the owner of 1883 McNicoll Avenue to permit the canopy which overhangs onto the road allowance at the southwest corner of Kennedy Road and McNicoll Avenue to remain. The encroachment area is shown on Schedule "A" attached and will be subject to:

(a)the owner providing proof of insurance satisfactory to the City's Manager of Risk and Insurance;

(b)the owner agreeing to maintain the encroachment in good condition;

(c)the owner paying the standard $350.00 administration fee plus disbursements and G.S.T. for the encroachment agreement; and

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

History:

The property at 1883 McNicoll Avenue is a new high-rise condominium complex with 285 residential units on the upper floors and retail stores at street level.

The L-shape building at the corner of Kennedy Road and McNicoll Avenue has an irregular shaped steel and glass canopy wrapping around the northeast corner of the building. The canopy is about 9 feet above the street level with portions overhanging as much as 0.71 metres onto the Kennedy Road McNicoll Avenue road allowances. The owner (Bamburgh Gate Development Inc.) has requested an encroachment agreement so the existing encroachment can remain.

Comments:

A circulation to City Departments, outside agencies, utility companies and the Ward Councillors resulted in no objections to the proposed encroachment request.

The encroachment policy of the former City of Scarborough considered minor encroachment of structures such as garages, eavestroughs, steps, retaining walls, etc. to be "Specific Encroachments", subject to a one time administrative charge of $350.00 and no annual fee.

Conclusion:

The canopy structure at the building corner is an architectural feature of the building which has been sited close to the street corner at Kennedy Road and McNicoll Avenue. It poses no obstruction to pedestrian traffic and does not hamper street operations. Approval of the encroachment agreement will enable the applicant to maintain the existing streetscape.

Contact Name:

Neubert Li, Real Estate Administrator, (416) 396-7422, Fax No. (416) 396-4241, E-mail Address: li@city.scarborough.on.ca (cs99074.wpd)

Margaret Rodrigues

Commissioner of Corporate Services