17.288 AND 290 BOON AVENUE, Ward 28, York-Eglinton.

Jim Laughlin, Manager, Field Office, West District

(September 30, 1998)

Purpose:

To provide information regarding the eavestrough of the building located at 290 Boon Avenue and whether the building permit issued to construct the building was issued correctly.

Funding Sources, Financial Implications and Impact Statement:

Not Applicable.

Recommendation:

That this report be received for information.

Council Reference/ Background History:

York Commmunity Council at its meeting held on September 16, 1998, requested the Commissioner of Urban Development Services to direct the Manager of the West District Field Office to investigate and report on a complaint that the eavestrough of the building at 290 Boon Avenue encroaches onto the property at 288 Boon Avenue, and whether the building permit issued to construct the building was issued in error.

Comments:

Building permit No. 93-3053 was issued on April 27, 1993 to construct a new two-storey detached single family dwelling at 290 Boon Avenue. A review of the permit file, including the as-built survey prepared by Rabideau and Czerwinski Surveying Ltd., dated May 13, 1993, indicates the south wall of 290 Boon Avenue as being located 1.5 feet from its south property line. A recent inspection at the site confirms the eaves of the roof, including the eavestrough projects out from the south wall less than 14 inches and therefor is located wholly within its property. The building permit was issued correctly and the building has been constructed in accordance with the approved permit plans.

The overlap of the eaves of the two buildings as seen in the pictures provided by Councillor Mihevc to the Community Council, evidently reflects an encroachment of 288 Boon Avenue onto the property of 290 Boon Avenue. This situation was existing prior to the house at 290 Boon Avenue being built in 1993. The 1993 as-built survey referred to above, indicates that 288 Boon Avenue is located to within 0.44 feet of its north property line. The eaves, including the eavestrough of 288 Boon Avenue, projects out from its north wall more than 1.0 foot.

Conclusion:

The permit issued to 290 Boon Avenue in 1993 was issued correctly and the eavestrough of the building does not encroach onto the property at 288 Boon Avenue. The City is not a party to any dispute that exists or may arise between the property owners regarding their private property rights.

Contact Person:

Jim Laughlin

Manager, Field Office

West District