Installation and Maintenance of Wooden Retaining Wall -
374 Cleveland Street (North Toronto)
The Toronto Community Council recommends the adoption of the
following report (November 10, 1999) from the Manager, Right of Way
Management, Transportation Services, District 1:
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 the
owner of 376 Cleveland Street, objecting to
this proposal (Attachment No. '1'). The owner 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 permits 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
_________
The Toronto Community Council reports, for the information of Council,
having also had before it during consideration of the foregoing matter,
the following communications, and a copy thereof is on file in the office
of the City Clerk:
- (November 1, 1999) from Mr. Dan J. Goldberger, New Paradigm Capital
Corp.;
- (November 29, 1999) from Mr. Dan J. Golberger, requesting deferral; and
- (November 30, 1999) from Ms. Patricia A. Foran, Aird & Berlis
________
The following persons appeared before the Toronto Community Council in
connection with the foregoing matter:
- Ms. Kim Kovar, Aird & Berlis; and
- Mr. Dan Goldberger, Toronto, Ontario.
_________
(A copy of Attachment Nos. 1 and 3, referred to in the foregoing report was
forwarded to all Members of the Toronto Community Council with the
agenda for its meeting on January 18, 2000, and a copy thereof is on file in
the office of the City Clerk)
(Insert Map 1)