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Minutes Etobicoke York Community Council Meeting No. 7 Contact Glenda Jagai,Committee Administrator Meeting Date Tuesday, June 26, 2007 Phone 416-394-2516 Start Time 9:30 AM E-mail [email protected] Location Council Chamber, Etobicoke Civic Centre Attendance Members of the Etobicoke York Community Council were present for some or all of the time periods indicated under the section headed “Meeting Sessions”, which appears at the end of the Minutes. Councillor Frances Nunziata, Chair X Councillor Suzan Hall, Vice-Chair X Councillor Frank DiGiorgio X Councillor Rob Ford X Councillor Mark Grimes X Councillor Doug Holyday X Councillor Gloria Lindsay Luby X Councillor Giorgio Mammoliti Regrets Councillor Peter Milczyn X Councillor Cesar Palacio X Councillor Bill Saundercook X Confirmation of Minutes On motion by Councillor Grimes, the Minutes of the meeting of the Etobicoke York Community Council held on May 29, 2007 were confirmed. 2 Etobicoke York Community Council – June 26, 2007 Minutes EY7.1 Information Adopted Delegated Ward: 5 Application for Fence Exemption - 31 King Georges Road - Supplementary Report (June 12, 2007) Report from Manager, Municipal Licensing and Standards Recommendations Municipal Licensing and Standards recommend that the Etobicoke York Community Council approve this application for the fence exemption subject to the following conditions: 1. the 1.83 metres high close board wooden fence at the rear west of the property which is also partly encroaching on City road allowance is cut back 2.4 metres along the driveway and Prince Edward Drive to avoid sight line obstructions to pedestrian and vehicular traffic; and 2. the Encroachment Agreement Application submitted in conjunction with this report to the Etobicoke York Community Council is modified. Summary This Staff Report is about an application for an exemption to the Fence by-law under Chapter 447 of the Toronto Municipal Code to maintain an existing 1.83 metres high close board wooden fence on the west flankage of Prince Edward Drive which is in violation of the by-law, for which the Etobicoke York Community Council has delegated authority from City Council to make a final decision. This application should be read and considered in conjunction with the application for the encroachment agreement for existing fences erected on the property and within the road allowance and for which a report has been submitted to the Etobicoke York Community Council at this time. Communications (June 25, 2007) e-mail from Ron and Penny Moles (EY.Main) Committee Decision On motion by Councillor Milczyn, the Etobicoke York Community Council approved the application for the fence exemption at 31 King Georges Road, subject to the following conditions: 1. the 1.83 metres high close board wooden fence at the rear west of the property which is also partly encroaching on City road allowance is cut back 2.4 metres along the driveway and Prince Edward Drive to avoid sight line obstructions to pedestrian and vehicular traffic; 3 Etobicoke York Community Council – June 26, 2007 Minutes 2. the Encroachment Agreement Application submitted in conjunction with this report to the Etobicoke York Community Council is modified; and 3. that all work be completed no later than September 30, 2007. Links to Background Information June 12, 2007 staff report (http://www.toronto.ca/legdocs/mmis/2007/ey/bgrd/backgroundfile-4723.pdf) (Deferred from May 1, 2007 - 2007.EY5.21) 1a Application for Fence Exemption 31 King Georges Road (April 13, 2007) Report from Manager, Municipal Licensing and Standards Recommendations Municipal Licensing and Standards recommend that: 1. The Etobicoke York Community Council approve this application for the fence exemption only upon the approval of the Encroachment Agreement Application submitted in conjunction with this report to the Etobicoke York Community Council. Financial Impact There are no financial implications resulting from the adoption of this report. Summary This Staff Report is about an application for an exemption to the Fence by-law under Chapter 447 of the Toronto Municipal Code to maintain an existing close board wooden fence on the west flankage of Prince Edward Drive which is in violation of the by-law, for which the Etobicoke York Community Council has delegated authority from City Council to make a final decision. This application should be read and considered in conjunction with the application for the encroachment agreement for existing fences erected on the property and within the road allowance and for which a report has been submitted to the Etobicoke York Community Council at this time. Communications (April 27, 2007) e-mail from John and Sandy Clarke (EY.Main) (April 29, 2007) e-mail from Lydia Lebed (EY.Main) (April 30, 2007) e-mail from Elizabeth Flavelle and David Windeyer (EY.Main) (April 30, 2007) e-mail from D. Bertucci (EY.Main) 4 Etobicoke York Community Council – June 26, 2007 Minutes (April 28, 2007) e-mail from James and Benita DesRoches (EY.Main) (April 30, 2007) e-mail from Lydia Luckevich (EY.Main) (April 29, 2007) e-mail from Lydia Lebed (EY.Main) (April 30, 2007) e-mail from Patrick Savage (EY.Main) (April 29, 2007) e-mail from Penny and Ron Moles (EY.Main) (April 29, 2007) e-mail from Regina and Sal Masionis (EY.Main) (April 30, 2007) e-mail from Yvonne Greig (EY.Main) (April 30, 2007) e-mail from Karen Zurawski (EY.Main) (April 30, 2007) e-mail from Scott Colbourne (EY.Main) (April 30, 2007) e-mail from Carol and Douglas Pell (EY.Main) (May 1, 2007) letter from Kingsway Park Ratepayers (EY.Main) (April 30, 2007) e-mail from John and Linda Armstrong (EY.Main) (May 16, 2007) letter from Ronald Rhodes (EY.Main) Speakers Ron Rhodes Jason Butorac Links to Background Information April 13, 2007 report (http://www.toronto.ca/legdocs/mmis/2007/ey/bgrd/backgroundfile-3997.pdf) EY7.2 Information Adopted Delegated Ward: 5 31 King Georges Road - Application for Encroachment Agreement - Supplementary Report (June 11, 2007) Report from Manager, Municipal Licensing and Standards Recommendations Municipal Licensing and Standards recommend that the Etobicoke York Community Council modifies this application for fence encroachment and adopt the following: 1. the City Solicitor be authorized to prepare an Encroachment Agreement for the existing and proposed encroachments on King Georges Road and Prince Edward Drive flankage as modified (Attachment 2); 2. the applicant to pay the City of Toronto all fees associated with the preparation of this agreement, and an annual fee for the use of the road allowance at a rate of $11.00 per square metre for the encroaching area; such fees are subject to change; 3. the signed agreement is returned to the City along with the required Certificate of Insurance, evidencing a third party bodily and property damage insurance in the amount of $2,000,000.00 or such other coverage and greater amount as the City may 5 Etobicoke York Community Council – June 26, 2007 Minutes require, and naming the City of Toronto as an additional insured party under the policy; 4. the Certificate of Insurance shall be renewed on an annual basis for the life of the encroachments; 5. the proposed hedge on the outside of the open wood fence adjacent to Prince Edward Drive be eliminated; 6. the owner to constantly trim and maintain the proposed hedges and vines that encroach on road allowance to a maximum height of 0.80 metres, and ensure they do not encroach on the sidewalk and cause any obstruction, damage or injury to pedestrians; hedges on private property shall comply with the requirements of the Fence By-law under Chapter 447 of the Toronto Municipal Code; 7. the owner to cut the grass and maintain the fence on road allowance in a state of good repair; 8. vehicles shall not be parked to encroach over the sidewalk (Attachment 5); and 9. the owners to obtain all necessary construction/streets occupation permit(s) for any work on road allowance. Summary This Staff Report is about a revised application submitted by the property owners of 31 King Georges Road to maintain the existing encroachments, including two different fences on the Prince Edward Drive flankage and a series of proposed hedges and vines, which are within City road allowance, for which the Community Council has delegated authority from City Council to make a final decision. This report, which has incorporated the comments submitted by various City Divisions, Utility Companies, the Ward Councillor as well as the local residents, should be considered in conjunction with the applicants’ request for a Fence Exemption to Municipal Code, Chapter 447, Fences, for the close board wooden fence built partly on private property. Communications (June 25, 2007) e-mail from Ron and Penny Moles (EY.Main) Committee Decision On motion by Councillor Milczyn, the Etobicoke York Community Council approved the modification to the application for fence encroachment at 31 King Georges Road, and adopted the following: 1. the City Solicitor be authorized to prepare an Encroachment Agreement for the existing and proposed encroachments on King Georges Road and Prince Edward Drive flankage as modified in Attachment 2 to the report (June 11, 2007) from the Manager, Municipal Licensing and Standards; 6 Etobicoke York Community Council – June 26, 2007 Minutes 2. the applicant to pay the City of Toronto all fees associated with the preparation of this agreement, and an annual fee for the use of the road allowance at a rate of $11.00 per square metre for the encroaching area; such fees are subject to change; 3. the signed agreement is returned to the City along with the required Certificate of Insurance, evidencing a third party bodily and property damage insurance in the amount of $2,000,000.00 or such other coverage and greater amount as the City may require, and naming the City of Toronto as an additional insured party under the policy; 4.
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