Item - 2019.NY11.32

North York Community Council:

1. Approved the request to install and maintain three aluminum canopies with fabric canvas that will have a height of 1.0 metre, will have a total length of 21.4 metres, will be installed approximately 3.33 to 4.35 metres above the finished grade and will provide no setback from the rear edge of the sidewalk on Avenue Road within the boulevard area, as generally shown in the attachments to the report (November 5, 2019) from the Director, Transportation Services, Permits and Enforcement, subject to the following conditions:

a. the property owner enters into an encroachment agreement with the City of Toronto at the applicant's expense and assumes all liability and damages related to the encroachments;

b. the property owner must retain valid property insurance for the duration of the encroachments in case there are any claims initiated due to the encroachments;

c. the property owner agrees that the City and/or utility companies may remove the canopy with signage in order to install or maintain services within the affected public right of way with no obligation to replace the encroachments; and

d. the property owner agrees that any discharge of water from the canopies shall be oriented to direct water away from the road or sidewalk.

This staff report is about a matter for which Community Council has delegated authority from City Council to make a final decision provided it is in keeping with City policy or by-laws.

The property at 1700 Avenue Road includes the properties at 1678 to 1704 Avenue Road, 375 to 377 Fairlawn Avenue and 412 to 416 Brookdale Avenue. The owner intends to re-develop the site with a new 7-storey mixed-use building that will contain approximately 80 residential dwelling units and 1,878 square metres of at-grade retail floor space. The building is currently under construction and was approved through the development review process under Zoning By-law Amendment Application No. 11 330290 NNY 16 OZ and Site Plan Application No. 11 330258 NNY 16 SA.

Transportation Services is requesting authority to enter into an encroachment agreement with the owner of 1700 Avenue Road to install and maintain three aluminum frame canopies with fabric canvas that will have a total length of 21.4 metres.  The canopies will also have an overall height of 1.0 metre and will be installed approximately 3.33 to 4.35 metres above the finished grade.  No setback will be provided between the canopies and the rear edge of the sidewalk on Avenue Road within the boulevard area.

The canopies on the public right-of-way do not meet the setback requirements of the City of Toronto Municipal Code, Chapter 743-14 (C), Streets and Sidewalks, Use of, for delegated approval as an encroachment by the General Manager, Transportation Services. The owner will be given an opportunity to make a deputation before Community Council.