August 26, 1999

To:Toronto Community Council

From:Angie Antoniou, Manager, Right of Way Management, Transportation Services, District 1

Subject:Construction of Stone Pillars and a Wrought Iron Fence - 40 Burton Road (Midtown)

Purpose:

To report on the homeowners' request to construct eight 2.0 m high stone pillars with a 2.0 m high wrought iron fence within the public right of way which exceeds the maximum height permitted under the former City of Toronto Municipal Code, Chapter 313, Streets and Sidewalks. As this is a request for a variance from the by-law, it is scheduled as a deputation item.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

That City Council approve the construction of the pillars and fence within the public right of way fronting 40 Burton Road provided that the owners enter into an encroachment agreement with the City of Toronto as prescribed under Chapter 313 of the former City of Toronto Municipal Code.

Comments:

Mr. Andrew S. Volgyesi, Volgyesi & Prost Inc, Architects and Planners, acting on behalf of the owners of 40 Burton Road, Toronto, Ontario M5P 1V2, submitted an application on June 3, 1999 for permission to construct stone pillars and a wrought iron fence within the public right of way.

The pillars and fence are to be 2.0 m in height which exceed the maximum height of 1.0 m permitted in Chapter 313 of the former City of Toronto Municipal Code.

In a letter dated March 28, 1999, the architect, acting on behalf of the owners, has requested permission for the fence at its proposed height as the owners have incurred a number of security related issues including having their vehicle vandalized and garage broken into.

Staff have inspected the area in the immediate vicinity of this property. As there are similar installations in the area, it was determined that the pillars and fence would not negatively impact the public right of way.

Details of the pillars and fence are on file with my Department.

Conclusions:

As the pillars and fence do not negatively impact the public right of way, the construction of the pillars and fence should be permitted.

Contact Name and Telephone Number:

Ken McGuire, 392-7894

Manager

RK/gp

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