April 21, 1999

To:Corporate Services Committee

From:Commissioner of Corporate Services

Subject:Request for an Encroachment Agreement - 230 Meadowvale Road

Southwest Corner of Meadowvale Road and Highway 2A, Former City of Scarborough - Lot 128, Registrar's Compiled Plan 9887

(Ward 16 - Scarborough Highland Creek)

Purpose:

To seek authority for an encroachment agreement to permit an existing building corner, a wood deck and a concrete step, which encroach onto the Highway 2A and Meadowvale Road road allowances, 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 230 Meadowvale Road to permit a portion of the existing building corner, a wood deck and a concrete step, which encroach up to 0.33 metres onto the Highway 2A and Meadowvale Road road allowances, to remain. The area of the proposed encroachments is shown on the attached sketch, Schedule "A" 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 230 Meadowvale Road is located at the southwest corner of Meadowvale Road and Highway 2A in the former City of Scarborough. Improvements on the site include a two-storey residence with its northwest corner and a small triangular section of a wood deck encroaching onto the road allowance for Highway 2A. In addition, a concrete step leading to the front of the house encroaches about 0.3 metres onto the Meadowvale Road road allowance; all encroachments are illustrated on the survey plan attached (Schedule "A").

Highway 2A was transferred to the former Municipality of Metropolitan Toronto by Order in Council No.647/97. A 8-foot high chain link fence was erected along the southerly limit of the road allowance for the purpose of preventing access from abutting lands including 230 Meadowvale Road. The fence was diverted about 4 feet north into the road allowance near the rear of the building creating a small side yard and permitting access to the rear yard along the north side of the house.

Mr. Scott Magder, a solicitor acting on behalf of the owner of 230 Meadowvale Road, has requested an encroachment agreement to permit the encroachments, as revealed by the survey, to 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 the 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.

Conclusion:

The section of wood deck, building corner and the concrete step which encroach onto Highway 2A and Meadowvale Road are considered minor and do not pose a problem to the road operations. Meadowvale Road is dead-ended at its intersection with Highway 2A. Approval of the requested encroachment will enable the applicant to maintain the existing structures in a reasonable condition.

Contact Name:

Neubert Li, Real Estate Administrator, (416) 396-7422, Fax No. (416) 396-4241, E-mail Address: li@city.scarborough.on.ca (cs99073.wpd)

Margaret Rodrigues

Commissioner of Corporate Services