March 30, 1999
To:Etobicoke Community Council
From:John W. Thomas, P.Eng., MBA, Director, Transportation Services - District 2
Subject:Dr. Karl Nizami's Major Encroachment
256 The Kingsway
(Kingsway - Humber)
Purpose:
To authorize the execution of a Major Encroachment Agreement for existing fence and hedge
encroachments at 256 The Kingsway (Attachment No. 1), and to consider the applicant's
request to waive the annual rental fee.
Financial Implications:
Major Encroachment Agreements involve a one-time application fee of $700.00, with annual
rental fees calculated at $10.00 per square metre of public road allowance occupied or
enclosed by the encroaching items. In this case, the annual rental fee would be $4,845.00 per
year.
Recommendations:
It is recommended that:
(1)Etobicoke Community Council approve the application for a Major Encroachment
Agreement;
(2)the City Solicitor be directed to prepare the Agreement;
(3)The $4,845.00 annual rental fee be waived, but the applicant be required to pay the
one-time $700.00 application fee representing the City's administration costs; and
(4)The applicant be required to reduce the height of the existing fence to one (1) metre, for a
distance of two (2) metres on each side of the driveway entrance.
Background:
The hedge is illustrated in the applicant's 1989 plan of survey; however, aerial photographs
show that the hedge existed at this location since 1967. Since 1989, a portion of the hedge on
Lambeth Road has been replaced with a 1.8 m high board fence. A small, 0.91 m high section
of wrought iron fence has also been added (Attachment No. 2 - Drawing).
On October 15, 1998, Dr. Karl Nizami's request for a minor variance from the
CommitteeofAdjustment to permit the construction of a detached two-car garage was
approved in Decision No. A-309/98ET (Attachment No.3). The grant of minor variance is
conditional on the applicant executing an Encroachment Agreement with the City of Toronto
for the existing fence and hedge encroachments, to the satisfaction of the Works and
Emergency Services Department.
On February 14, 1999, the applicant submitted a written request for an Encroachment
Agreement, and further requested that the $4,845.00 annual rental fee be waived (Attachment
No. 4). Transportation Planning staff inspected the site when the applicant's minor variance
was under review, and recommended that the fence be reduced in height to one (1) metre for a
distance of two (2) metres on either side of the driveway. This is necessary to ensure that
adequate sight distances are maintained at the driveway entrance.
Comments:
The City relies on the applicant to maintain the unpaved portion of public road allowance
surrounding the property. Site inspections related to the encroachment application show that
the property is well maintained.
The requirement for annual rental fees described in the former City of Etobicoke Road
Allowance Encroachment Policy was approved by City of Etobicoke Council in 1994. Dr.
Nizami is required to comply with the terms of the Policy, including insuring the City against
liability claims, and accepting responsibility to maintain the encroaching items in good repair.
As required by the Policy, all abutting property owners located within sixty (60) metres of
256TheKingsway have been notified of the application and given an opportunity to appear in
deputation.
Conclusions:
The hedge encroachment has existed in the same location for more than thirty (30) years
without objection from the City, area residents, or outside utility agencies. The sections of
existing fence that extend into the public right-of-way are located in essentially the same area
that was previously occupied by the hedge. Staff supports the encroachment, subject to the
usual conditions regarding the submission of liability insurance, and provided that a portion of
the fence is reduced in height to permit adequate sight distance for vehicles exiting the
driveway.
Contact Name:
Douglas Robertson, Supervisor, Right of Way Management - District 2.
(416) 394-8360; Fax 394-8942.
John W. Thomas, P.Eng., MBA
Director, Transportation Services - District 2
DR
Attachments (4)
cc: C-252(a)
