Item - 2023.TE4.47

The Toronto and East York Community Council:

1. Authorized the General Manager, Transportation Services to negotiate and enter into an encroachment agreement with property owners of 60 Yorkville Avenue, to permit the glass and steel canopy structure and raised terrace, subject 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 encroachments 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 encroachments upon receiving 30 days written notice to do so, or by a time deemed appropriate by the General Manager, Transportation Services; and

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

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 from the property owners at 60 Yorkville Avenue to construct and maintain an encroachment fronting Bay Street within the public right-of-way. The encroachment consists of a glass and steel canopy structure and a raised terrace which is in contravention of City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use Of. Specifically, the stainless steel canopy support structure and terrace structure does not fall within the list of delegated permitted encroachments.

Although the glass and steel canopy and raised terrace is not on the list of permitted encroachments under Municipal Code Chapter 743, staff is of the opinion that it will not have a negative impact on the public right-of-way for pedestrians, vehicular traffic, or City maintenance on the affected streets. Therefore, Transportation Services is requesting authority to negotiate and enter into an encroachment agreement with the property owners, subject to conditions.