June 7, 1999

To:North York Community Council

From:Roberto Stopnicki

Director, Transportation Services, District 3

Subject:Encroachment Agreement for 170 Horsham Avenue

Purpose:

The residents of 170 Horsham Avenue have an encroachment on the City road allowance, to permit a second driveway.

Source of Funds

There are no City funds required with respect to this matter.

Recommendations:

It is recommended that the driveway encroachment be approved subject to the owner(s) entering into an encroachment agreement with the City.

Background:

In October 1998, the owners of 170 Horsham Avenue applied for permission to build a circular driveway at the flankage of their property on Abbotsford Road. The reason for this request was the need for appropriate on-site parking due to the very steep grade of the driveway leading into the garage of the property. The steepness of the grade, renders the driveway and garage unuseable in the winter.

Inadvertently, the application for the circular driveway was approved on October 14, 1998, however, because payment for the curb cuts was not received within the 45 days from the date of issue, the Driveway Surfacing and Curb Cut permit expired.

Notwithstanding, the difficulties that the applicants experience with the use of their driveway were accentuated this winter, and with the assistance of staff, a second curb cut with a pad for a single vehicle was designed on the Abbotsford Road flankage. To achieve this, a minor encroachment on City property is required.

Properties on the opposite side of Abbotsford Road do not take access from this road, and therefore there are no conflicts with other driveways. There is no sidewalk on Abbotsford Road, and the encroachment agreement would state that any encumbrances would have to be removed if, in the future, the City were to decide that a sidewalk is required.

The City's policy requires the following for an encroachment application to be approved:

1. that all encroachments be subject to a legal agreement being entered into between the City and the Owner of the property abutting the encroachment;
2. that such agreement be to the satisfaction of the City Solicitor and the Commissioner of Works & Emergency Services and be registered on the title of the property abutting the encroachment;
3. 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 Works & Emergency Services, be provided by the owner, to delineate the encroachment and that such plan be attached to and form part of the agreement;
4. the owner provide confirmation letters from the utility companies that they have no objections to the encroachments prior to entering an encroachment agreement;
5. that the owner pay a one-time administrative fee of $150.00 to the Department of Transportation Services and a one-time administrative fee of $250.00 to the Legal Department.

Comments:

The encroachment onto the City road allowance consists of part of the driveway along the flankage of the property on Abbotsford Road and the necessary steps to reach the house. The proposed driveway will be located partly on City property. The total encroachment on the City road allowance is approximately 27.25mē.

Conclusions:

There are no conflicts with existing or proposed municipal services, therefore, this Department has no objections to the encroachment, subject to the owner entering into an encroachment agreement with the City.

Contact Name and Telephone Number:

Hector Moreno

Supervisor, Maintenance Contract Inspection

Telephone No. (416) 395-6225

Fax No. (416) 395-6200

E-mail: hmoreno@city.north york.on.ca

Roberto Stopnicki

Director, Transportation Services, District 3

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