Proposed Encroachment Agreement Permitting a Metal Fence
Adjacent to 3311 Kingston Road to Encroach Onto the
Kingston Road and Whitecap Boulevard Road Allowances
Ward 13 - Scarborough Bluffs
The Scarborough Community Council recommends the adoption of the following report (June 5, 1998) from the
Commissioner of Corporate Services:
Purpose:
Metropolitan Toronto Condominium Corporation Number 970 have requested permission to erect a metal fence adjacent
to their location at 3311 Kingston Road. This fence would encroach onto the Kingston Road and Whitecap Boulevard road
allowances
Funding:
If approved, the standard encroachment fee of $350.00 will be deposited into Account No. 71290, the General
Development Reserve Fund.
Recommendations:
It is recommended that:
(1)the City permit Condominium Corporation No. 970 to install a metal fence encroaching to a maximum of
approximately 15.5 metres onto the Kingston Road and Whitecap Boulevard road allowances subject to:
(a) entering into a encroachment agreement with the City;
(b)payment of the 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; and
(d)maintenance of the encroachment in good condition;
(2)appropriate City Officials be authorized and directed to take the necessary action to give effect thereto.
Background:
Condominium Corporation Number 970, located at the south-west corner of Kingston Road and Whitecap Boulevard, has
experienced trespassing and vandalism of its outdoor amenities. The police have recommended installation of a fence
parallel to the road to deter intruders. The condominium has arranged to install a metal fence along the street line,
approximately one metre away from the sidewalk. However, the property line jogs near Whitecap Boulevard, and installing
the fence along the property line would result in a large area of lawn between the fence and the sidewalk. This area would
be difficult for the City to maintain and may create an "alcove" situated well back from the street but outside of the fence
and could result in additional security concerns both for the condominium and passersby. The Condominium Corporation
has therefore requested permission to install the fence one metre from the sidewalk along both the Kingston Road and
Whitecap Boulevard frontages. Total area of City property which would be enclosed by such a fence is estimated to be 180
square metres (1,937 square feet).
The zoning of the property is A - Apartments, with Performance Standards permitting 60 units per acre. The Official Plan
designates the property for Higher Density Residential Uses.
Comments:
The usual City Departments and outside agencies have been contacted, and no objections to the proposed encroachment
agreement have been received, provided the fence is designed to permit easy access to a storm sewer which crosses part of
the property. The Condominium Corporation has agreed to ensure the City has access. From an operational perspective,
therefore, the encroachment may be tolerated.
The encroachment policy of the former City of Scarborough considered this to be an area encroachment. This would
require payment of an annual fee of $0.40 per square foot, or $775.00 per year. However, as there is a cost savings in terms
of reduced maintenance by locating the fence closer to the sidewalk, it is recommended that the annual fee be waived.
Conclusion:
Approval of the encroachment agreement will enable the Condominium Corporation to maintain the area to the standard of
their remaining grounds and eliminate a maintenance problem for the City.
Contact Name:
R. Mayr, AACI, Director of Real Estate, Telephone (416) 396-4930, Fax Number (416) 396-4241
mayr@city.scarborough.on.ca
