Item - 2020.TE21.54

The Toronto and East York Community Council:

1. Approved the request to construct the enclosure in the flanking municipal boulevard of the property as generally shown in the Attachments of the report dated November 19, 2020 from the Director, Permits and Enforcement, Transportation Services, subject, but not limited 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, including the following:

i.  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;

ii. 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;

iii. The property owner shall agree that the City and/or utility companies may remove the encroachments at any time in order to install or maintain services within the affected public right of way with no obligation to replace them;

iv.  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. 

2. Authorize the General Manager, Transportation Services, to enter into and execute the encroachment agreement expiring no later than March 31, 2023 with the option to renew with the owner of 585 Church Street as described in Recommendation 1 above.

This staff report is about a matter for which Community Council has delegated authority from City Council to make a final decision.

Toronto and East York Community Council has directed the General Manager, Transportation Services to provide recommendations on this encroachment application. Transportation Services is requesting authority to enter into an encroachment agreement with the owner of 585 Church Street to construct an enclosure within the flanking municipal boulevard of their property on Isabella Street.

The proposed encroachment on the public right of way does 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.