STAFF REPORT

November 10, 1999

To: Toronto Community Council

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

Subject: Proposed Installation and Maintenance of a Wooden Retaining Wall Within the Public Right of Way - 374 Cleveland Street

(North Toronto)

Purpose:

To report on the property owner's request to install and maintain a wooden retaining wall within the public right of way fronting 374 Cleveland Street. As the Department has received a letter of objection with respect to this proposal, this matter is scheduled as a deputation item.

Financial Implications and Impact Statement:

There are no financial implications resulting from the adoption of this report.

Recommendation:

It is recommended that City Council approve the installation and maintenance of a wooden retaining wall within the public right of way fronting 374 Cleveland Street, subject to the owner entering into an agreement with the City of Toronto, as prescribed under Chapter 313 of the former City of Toronto Municipal Code.

Background:

Mr. Manfred Nemeczek, acting on behalf of the owner of 374 Cleveland Street, has requested permission to install and maintain a wooden retaining wall within the public right of way fronting the subject premises.

Comments:

Mr. Manfred Nemeczek of Davisville Contractors, 45 Industrial Street, Unit 6B, Toronto, Ontario M4G 1Z2, submitted an application on October 8, 1999, on behalf of Ms. Michele Salerno, owner of 374 Cleveland Street, Toronto, Ontario M4S 2W9, requesting permission to install and maintain a wooden retaining wall within the public right of way fronting 374 Cleveland Street.

The installation and maintenance of encroachments amongst which includes the construction and maintenance of retaining walls within the public right of way is governed by the criteria set out in Chapter 313 of the former City of Toronto Municipal Code. One of the provisions of the Municipal Code is that all installations within the public right of way must be set back a minimum of 0.46 m from the rear edge of the City sidewalk.

The proposed timber wall will be located on the north side of the existing concrete steps and walkway servicing 374 Cleveland Street and will be of similar design to the existing wooden retaining wall located on the south side of the steps fronting the location. A portion of the wall will be constructed in the vicinity to the driveway of the abutting neighbour to the north at 376 Cleveland Street. This portion of the wall will be set back 0.15 m from the projection of the property line of 376 Cleveland Street and as such, will be confined totally within the property limits of 374 Cleveland Street. The new wall will vary in height from 0.46 m to 0.76 m and be stepped back towards the house because of the grade differential. In addition, the wall will be set back the required 0.46 m from the rear edge of the City sidewalk.

As the proposal complies with the physical criteria of the Municipal Code and will be of similar construction to the existing retaining wall and steps that are already being maintained by Ms. Salerno under encroachment agreement No. CA387785, we can issue a permit to install the new retaining wall.

While reviewing the application, we received a copy of a letter dated September 23, 1999 addressed to Councillor Michael Walker from Mr. Dan Goldberger, property owner of 376 Cleveland Street, objecting to this proposal (Attachment No. '1'). Mr. Goldberger argues that any installations would impede access to his driveway and would impair his vision while operating his vehicle. Furthermore, he feels that since he has been using a portion of his neighbour's property for driveway purposes for the past 10 years, he has established a right of way over this land.

The Municipal Code pemits the installation of fences, retaining walls, etc. along property lines and does not require any setbacks or allowances to be made for locations where driveways are immediately adjacent to the property line. As indicated, Ms. Salerno is intending to set back the retaining wall 0.15 m south of the property line between 374 and 376 Cleveland Street.

Staff have inspected the area in the immediate vicinity of 374 and 376 Cleveland Street and have determined that the proposed wooden retaining wall will not impact negatively on the public right of way.

To assist your Committee in the evaluation of the applicant's proposal, we attach a copy of the applicant's proposal together with photographs denoting the existing conditions and driveway servicing 376 Cleveland Street (Attachment Nos. '2' and '3').

Conclusions:

As the proposed wooden retaining wall will not impact negatively on the public right of way and it meets the physical criteria set out in Chapter 313 of the former City of Toronto Municipal Code, installation should be permitted.

Contact:

Ken McGuire, Supervisor, Construction Activities

Telephone: 392-7894, Fax: 392-0816, E-mail: kmcguire@toronto.ca

Manager

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List of Attachments:

Attachment No. 1 - letter from Dan Goldberger

Attachment No. 2 - sketch

Attachment No. 3 - photocopy of photographs