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Encroachment - 388 Broadway Avenue -
Ward 9 - North York Centre South
The North York Community Council recommends that the existing encroachments referred to in the following report (February 3, 1998) from the Commissioner of Public Works be approved, subject to the owner(s) entering into an encroachment agreement with the City:
Purpose:
The purpose of this report is to determine if the existing encroachments at the above location should be permitted.
Source of Funds:
Not applicable.
Recommendations:
It is recommended that if the existing encroachments are approved by the City, the encroachments be subject to the following conditions:
(1) the owner(s) enter into an encroachment agreement with the City; and
(2) the City Solicitor be authorized to do all things necessary.
Background:
The City=s policy requires the following for an encroachment application to be approved:
(i) that all encroachments be subject to a legal agreement being entered into between the City and the Owner of the property abutting the encroachment;
(ii) that such agreement be to the satisfaction of the City Solicitor and the Commissioner of Public Works and be registered on the title of the property abutting the encroachment;
(iii) that a suitable survey drawing of the lands involved, prepared by an Ontario Land Surveyor, showing the location of the encroachment, its dimensions and areas, and any significant features and fences pertinent to the encroachment and satisfactory to the Commissioner of Public Works, be provided by the owner, to delineate the encroachment and that such plan be attached to and form part of the agreement;
(iv) the owner provide confirmation letters from the utility companies that they have no objections to the encroachments prior to entering an encroachment agreement;
(v) that the owner pay a one-time administrative fee of $150.00 to the Department of Public Works and a one-time administrative fee of $250.00 to the Legal Department.
Comments:
The Public Works Department is in receipt of a letter dated November 27, 1997 from Constantine Tsantis, Barrister and Solicitor, acting on behalf of the owners of 388 Broadway Avenue requesting an encroachment agreement (copy attached).
The existing encroachments onto City property consists of steps, walkway and retaining walls along each side of the existing driveway and east property line and along the frontage of the property. The retaining walls extend onto the City road allowance to a maximum distance of approximately 4.48 metres beyond the property line.
The Public Works Department has received a satisfactory survey prepared by an Ontario Land Surveyor showing location details of the encroachments. We have also received utility clearances from Consumers Gas, Bell Canada and Toronto Hydro.
Conclusions:
There are no conflicts with existing or proposed municipal services, therefore, the Department has no objections to the encroachments, subject to the owner entering into an encroachment agreement with the City.
Contact Name and Telephone Number:
Stan Bertoia, P. Eng.
Director of Engineering
Tel.: 416-395-6235
(A copy of the letter (November 27, 1997) from Constantine Tsantis is on file in the office of the City Clerk, North York Civic Centre.)
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