April 21, 1998

 To:East York Community Council

 From:Richard Z. Tomaszewicz, Commissioner of Development Services, East York

 Subject:Encroachment Agreement for 1305 Woodbine Avenue

 Purpose:

 This is to report to the May 6, 1998, East York Community Council meeting. The owner of 1305 Woodbine Avenue would like to enter into an encroachment agreement with the City with respect to an existing wheel chair ramp on City property.

 Financial Implications:

 The City has received a deposit from the owner to cover all costs associated with the preparation and registration of the agreement.

 Recommendations:

 " It is recommended that the City be authorized to enter into an encroachment agreement with the owner of 1305 Woodbine Avenue; and that the appropriate person be authorized to execute such documents and take such steps as may be necessary to give affect there to. "

 Background:

 The owner purchased the property last year and had a wheel chair ramp installed before the winter so that he, as well as the other occupants who are disabled would be able to access the house.

 Discussion:

 An encroachment agreement is required for a structure in the City Right of Way when the structure is:

- more than 0.6 metres ( 2 feet ) above grade.

- attached to a building; and

- affecting Public Utilities.

 In this case the wheel chair ramp is more than 2 feet above grade and attached to the house. The house is situated on a corner lot with the ramp sloping back along the side of the house to the backyard. Since the property line is quite close to the side of the house, most of the ramp encroaches onto the boulevard ( flankage ) on Holborne Avenue. A legal six foot high privacy fence encloses the flankage area and separates the wheel ramp from the public pedestrian traffic.

In addition, all clearances and approvals have been obtained from the Public Utilities affected.

 Conclusons:

 We recommend that approval be granted for this encroachment since the structure is away from the travelled portion of Woodbine Avenue and Holborne Avenue. The agreement shall stipulate that if required the structure may be moved at the owner's expense after reasonable notice is given by the affected Public Utility.

 Contact Name:

 Frank Pugliese

Coordinator of Engineering Services

East York Office

Telephone No.:(416)778-2226

Fax No.:(416)466-9877

Richard Z. Tomaszewicz

Commissioner of Development Services

enc.