Item - 2019.NY8.29

North York Community Council:

1. Approved the request to install and maintain a 41.0 metre long by 0.51 metre wide steel and glass canopy at a variable height of 3.93 metres to 5.24 metres above ground level with the canopy having no setback from the rear edge of the sidewalk within the boulevard area at 2360 Yonge Street, as generally shown in the attachments to the report (August 16, 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 encroachment;

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

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

d. the property owner agrees that any discharge of water from the canopy 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 that it is in keeping with City policy or by-laws.

The property at 2360 Yonge Street includes the property addresses from 2360 to 2378 Yonge Street. It is a 28-storey mixed use building with 234 residential dwelling units and 2,695 square metres of commercial floor space. The building design includes a 6-storey base building with a 22-storey tower above.

Transportation Services is requesting authority to enter into an encroachment agreement with the owner of 2360 Yonge Street to install and maintain a 41.0 metre long by 0.51 metre wide steel and glass canopy at a variable height of 3.93 metres to 5.24 metres above ground level. The full extent of the canopy has no setback from the rear edge of the sidewalk on Yonge Street within the boulevard area.

The canopy on the public right of way does 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.