Encroachment Agreement

Metal Fence onto Natal Avenue Road Allowance

Ward 13 - Scarborough Bluffs

 The Scarborough Community Council recommends the adoption of the following report (February 26, 1998) from the Commissioner of Corporate Services:

 Purpose:

 The owners of 58 Natal Avenue have erected a wrought iron fence which encroaches onto the Natal Avenue road allowance by approximately twelve feet. They have requested an encroachment agreement to permit the fence to remain. A petition has been received from a number of neighbours in opposition to the fence.

 Funding:

 If approved, the standard encroachment fee of $350.00 will be deposited into Account Number 71290, the General Development Reserve Fund.

 Recommendations:

 It is recommended that:

 (1)the City permit the owners of 58 Natal Avenue to retain the wrought iron fence in its present location, encroaching on the Natal Avenue Road Allowance subject to:

 (a) entering into a standard encroachment agreement with the City;

 (b)payment of the standard administration fee of $350.00 and registration cost of $50.00;

 (c)provision of proof of insurance satisfactory to the City's Manager of Risk and Insurance;

 (d)maintenance of the encroachment in good condition; and

 (2)appropriate City Officials be authorized and directed to take the necessary action to give effect thereto.

 Background:

 In the summer of 1997, the owners of 58 Natal Avenue constructed a wrought iron fence which is approximately six feet high and encroaches approximately twelve feet onto the Natal Avenue road allowance. The fence is approximately three feet from the sidewalk, extends both along the front of the property and along the side, immediately adjacent to the abutting owner=s driveway. The encroachment occupies approximately 400 square feet of the road allowance. The owners have requested an encroachment agreement to permit the fence to remain in its present location.

 The sidewalk on this part of Natal Avenue is located immediately behind the curb. There are several similar encroachments onto the road allowance, including a much larger one only two properties away, at the corner of Park Street and Natal Avenue.

 The zoning of the property is S-Single Family, with Performance Standards permitting one house per lot with a minimum frontage of 9 metres (29.5 feet) and a minimum lot area of 325 square metres (3,500 square feet). The Official Plan designation is Low Density Residential Uses.

 The policy of the former City of Scarborough regarding encroachments considers this to be an area encroachment, and requires payment of a one-time fee of $350.00, plus an annual fee of $0.40 per square foot of area encroached, with a minimum payment of $250.00. Given the size of the area encroached, the minimum annual payment would apply.

 Comments:

 Several neighbours have contacted the City and indicated their opposition to the presence of the fence. A petition with 21 names representing 14 residences was received, which requested the fence be removed. In particular, the owners of 60 Natal have indicated that the presence of the fence so close to their driveway makes access and visibility difficult, particularly at night.

 The usual City Departments and outside agencies have been contacted, and no objections to the proposed encroachment agreement have been received. From an operational perspective, therefore, the encroachment may be tolerated. In addition, staff do not believe the fence presents a particular hazard to the abutting owner.

 Property Standards staff have inspected the fence on several occasions. They report that when the fence was erected it was in contravention of the City=s fence by-law as it was approximately .61 metres (2 feet) too high. However, the by-law was amended prior to action being taken, and the revised by-law permits a fence of this height. Property Standards staff advise that the fence now conforms to all aspects of the revised by-law with the exception of its location on the road allowance.

 Houses on this part of Natal are typically set back approximately 5 metres (16 feet) from the property line, and approximately 9 metres  (29.5 feet) from the sidewalk. As a result, encroachments of various kinds are quite common. Except for the design of the fence, this particular encroachment does not appear to be significantly different than many of the others in the neighbourhood.

 Conclusion:

 There are numerous fences in this neighbourhood which encroach onto the road allowance. In the past the City has not required their removal, unless deemed a safety hazard or presented operational problems. Approval of the encroachment agreement is therefore recommended.

 Contact Name:

 R. Mayr, AACI, Director of Real Estate, Telephone (416) 396-4930, Fax (416) 396-424

 The Community Council reports having received a communication, dated April 1, 1998, from Mrs. Catherine Tercer; and 14-signature petition, both expressing opposition to the foregoing recommendations; a copy of which were provided to all Members of the Community Council and a copy thereof is on file in the Office of the City Clerk.