Item - 2020.NY19.14

North York Community Council:

1. Approved the request to permit no setback from the rear edge of the sidewalk of canopy and awning at 484 Eglinton Avenue West subject to the following conditions:

a. the property owner shall install and maintain the encroachments to the satisfaction of the General Manager of Transportation Services and in a state of good repair, at no expense to the City;

b. the property owner enter into an encroachment agreement with the City of Toronto at the applicant's expense and assume all liabilities and damages related to the encroachments;

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

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

e. the property owner agrees that any discharge of water from the canopy and awning shall be oriented to direct water away from the road or sidewalk;

f. any other conditions considered appropriate by the General Manager or the City Solicitor; and

g. the property owner agrees to register the encroachment on-title to the property, at the expense of the owner and to the satisfaction of the City Solicitor.

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.

Summerhill Market at 484 Eglinton Avenue West is a two story commercial building currently under renovation. The property owner is proposing to install and maintain a motorized retractable awning over the ground floor window and a bronze cladded canopy over the entrance sliding door.

Transportation Services is requesting authority to enter into an encroachment agreement with the owner of 484 Eglinton Avenue West to install and maintain the above noted encroachments within the boulevard area of Eglinton Avenue West.

The proposed canopy and awning on the public right-of-way do not meet the setback 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.