Item - 2023.TE4.45

The Toronto and East York Community Council:

1. Authorized the General Manager, Transportation Services to negotiate and enter into an encroachment agreement (the "Agreement") with the owner of 225 Brunswick Avenue (the "Owner") for the purpose of permitting the owner to construct and maintain two garbage storage boxes fronting 225 Brunswick Avenue and two sunken building entrances and five garbage storages boxes on the Sussex Avenue flank of the subject address, subject, but not limited to, the following conditions:

a. indemnify the City from and against all actions, suits, claims or demands and from all loss, costs, damages, and expenses that may result from such permission granted;

b. maintain the sunken building entrances and garbage storage boxes at their own expense in good repair and a condition satisfactory to the General Manager, Transportation Services and will not make any additions or modifications to the encroachment beyond what is allowed under the terms of the Agreement; 

c. accept such additional conditions as the City Solicitor or the General Manager, Transportation Services may deem necessary in the interest of the City; 

d. remove the sunken building entrances and/or garbage storage boxes upon receiving written notice to do; 

e. obtain clearances and/or sign-offs from all affected utilities and satisfy all conditions imposed by any utilities that may be affected by the installation and maintenance of the sunken building entrances;

f. to avoid obstructing pedestrian traffic, garbage storage boxes should be locked when not in use; however, they may be briefly unlocked on solid waste collection days to facilitate the removal and replacement of bins; and

g. the garbage enclosures will be clad to match the building.

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

Transportation Services has reviewed an application to construct an encroachment within the public right-of-way at 225 Brunswick Avenue. The encroachments consist of two sunken building entrances and seven garbage storage boxes which contravenes City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use Of.

Although the proposed encroachment on the public right-of-way contravenes the requirements under Code Chapter 743, staff is of the opinion that it will not have a negative impact on the public right-of-way for pedestrians or for traffic on the affected streets. Therefore, Transportation Services is requesting authority to enter into an encroachment agreement with the property owner, subject to conditions.