Item - 2019.NY4.15

North York Community Council:

1. Approved the request to maintain concrete stairs with metal railings on either side within the public road allowance that are 9.03 metres long and have a combined height of 4.07 metres with no setback from the city sidewalk at the north-east corner of Finch Avenue East and Leslie Street, as required to provide pedestrian access to 101-191 Ravel Road, subject to the following conditions:

a. the property owner shall, at their own expense, enter into an encroachment agreement with the City of Toronto on terms and conditions satisfactory to the General Manager, Transportation Services;

b. the property owner shall assume all liability and damages related to the encroachments and release and indemnify the City with respect to any claims in relation thereto;

c. the property owner must retain valid property insurance for the duration of the encroachment installation on the right of way in an amount and with coverages satisfactory to the General Manager, Transportation Services;

d. the property owner shall agree that the City and/or utility companies may remove the stairs surmounted by metal railings, at any time in order to install or maintain services within the affected public right of way with no obligation to replace them; and

e. the property owner shall remove the encroachments if required by the General Manager, Transportation Services, at any time and restore the street to the satisfaction of the General Manager, Transportation Services.

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.

Transportation Services is requesting authority to enter into an encroachment agreement with the owner of 101-191 Ravel Road to maintain concrete stairs with metal railings on either side within the public road allowance. The stairs and railings within the public road allowance are 9.03 metres long and have a combined height of 4.07 metres. No setback is provided from the city sidewalk at the north-east corner of Finch Avenue East and Leslie Street. The footings of the stairs and metal railings do not exceed a depth of 1.2 metres.

The stairs with metal railings on either side within the public right of way do not meet the requirements of the City of Toronto Municipal Code, Chapter 743, 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.