Encroachment - 11 William Carson Crescent -

Zoning Amendment Application No. UDZ-97-32 and

Site Plan Application No. SPC-98-110 - L & A Management

(William Carson Holding Ltd.) - North York Centre South

The North York Community Council recommends the adoption of the following report (April14,1999) from the Director, Engineering Services, Districts 3 and 4:

Purpose:

The purpose of this report is to grant a proposed encroachment of a retaining wall, gabion baskets and private catchbasin onto an existing City storm sewer easement.

Funding Sources, Financial Implications and Impact Statement:

N/A

Recommendations:

It is recommended that the proposed encroachments be approved by the City subject to the following conditions:

(1)the owner(s) enter into an agreement with the City with terms to the satisfaction of the Commissioner of Works and Emergency Services and the City Solicitor; and

(2)the appropriate City officials be authorized to do all things necessary.

Background and Discussion:

There is an existing municipal storm sewer easement described as Instrument TB99062 on Reference Plan 64R-15027, at the south limit of the site of development located at 11 William Carson Crescent. In order to facilitate the development, the owner, L & A Management, is requesting that a retaining wall, gabion baskets and catchbasin be permitted to encroach onto the City's easement.

The development was approved by Council on July 8, 1998. By-law No. 707-1998 in connection with this development was enacted October 2, 1998.

This department's comments on the subject site plan application included the condition that the owner enter into an encroachment agreement.

The Works and Emergency Services Department is in receipt of a correspondence dated October 30, 1998 from Burka Architects Inc., architects for the owner, requesting that the City permit the encroachment. The retaining wall is required to provide the necessary grading to allow the natural overland drainage of the subject lands around the proposed development and onto William Carson Crescent.

The former City of North York policy requires that certain requirements are satisfied before an encroachment is considered for approval, including but not limited to the following:

(i)that all encroachments be subject to an agreement being entered into between the City and the owner of the property abutting the encroachment;

(ii)that such an agreement be to the satisfaction of the City Solicitor and the Commissioner of Works and Emergency Services and be registered on the title of the property;

(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 pertinent to the encroachment and satisfactory to the Commissioner of Works and Emergency Services, be provided by the owner, to delineate the encroachment and that such plan be attached to and form part of the agreement; and

(iv)that the owner pay a one-time administrative fee of $150.00 to the Works and Emergency Services Department and a one-time administrative fee of $350.00 to the Legal Department.

The encroachments onto the storm sewer easement consist of the following:

1.concrete retaining walls at the north and south limits of the existing easement;

2.a catchbasin and lead which connect to the proposed private drainage system on private property; and

3.a concrete block mat or gabion baskets to stabilize an east-west slope and channelize overland flow.

Conclusions:

The encroachments do not seriously impact on the existing storm sewer in easement; therefore, the Department has no objection to the encroachments subject to the owner entering into an encroachment agreement with the City.

Contact Name and Address:

Raffi Bedrosyan, P. Eng.

Manager, Development Services, District 3

Tel. No. 416-395-6307

Fax No. 416-395-0349

E-Mail: rbedrosy@city.north-york.on.ca