Item - 2021.NY28.20

North York Community Council:

1. Approved the request to install and maintain a 27.6 metre long canopy at a height of 3.2 metres above the sidewalk grade along Avenue Road, a 16.5 metre long canopy at a height of 3.2 metres above the sidewalk grade along Bedford Park Avenue, and a 6.3 metre long canopy at a height of 3.0 metres above the sidewalk grade along Bedford Park Avenue. The canopy encroachments will provide no setback from the rear edge of the sidewalk on Avenue Road and Bedford Park Avenue within the boulevard area at 1580 Avenue Road, 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 encroachments;

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

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 encroachments; and

d. the property owner agrees that any discharge of water from the canopies 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.

Transportation Services is requesting authority to enter into an encroachment agreement with the owner of 1580 Avenue Road to install and maintain retail/residential canopies along the Avenue Road and Bedford Park Avenue frontages of the site. No setback will be provided between the canopies and the rear edge of the sidewalk on Avenue Road and Bedford Park Avenue.

The canopies within the public right-of-way do 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. The owner will be given an opportunity to make a deputation before Community Council.