Item - 2020.NY15.3

The North York Community Council:

1. Approved the request to install and maintain an accessibility ramp at the corner of Bayview Avenue and Belsize Drive that will have a portion of 4.21 metres length by 1.41 metres width within the boulevard area; the railings of the accessibility ramp will be at a height of 1.07 metres above the travelled surface of the road and footing depth of 1.2 metres; and the point of entry or exit of the ramp will provide no setback from the rear edge of the sidewalk on Bayview Avenue within the boulevard area, as generally shown in the enclosed attachments, 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 encroachment in order to install or maintain services within the affected public right of way with no obligation to replace it; and

d. the property owner obtains all approvals from Toronto Building Division; the General Manager, Transportation Services reserves the right to approve the application to install and maintain the portion of the proposed accessibility ramp within the boulevard area if property owner does not obtain the necessary approvals.

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 owner of 1560 Bayview Avenue is proposing to construct an accessibility ramp to promote a barrier free community and make the building facility accessible to persons with disabilities. 1560 Bayview Avenue is an existing three-storey building with retail stores and offices.

Transportation Services is requesting authority to enter into an encroachment agreement with the owner of 1560 Bayview Avenue to install and maintain an accessibility ramp at the northwest corner of Bayview Avenue and Belsize Drive. The point of entry or exit of the ramp within the boulevard area will have no setback from the edge of the sidewalk on Bayview Avenue. The lack of a setback will not impact traffic sightlines but may have a negative impact on winter sidewalk operations.

The accessibility ramp on the public right-of-way does not meet the setback requirements of the City of Toronto Municipal Code, Chapter 743-31 (E), 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.