Item - 2023.TE7.36

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 property owner of 2149 Yonge Street, to permit the construction and maintenance of the requested covered extruded aluminum and glass pergola, subject, but not limited to, the following conditions:

a. the property owner shall 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. the property owner shall maintain the covered extruded aluminum and glass pergola 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. the property owner shall accept such additional conditions as the City Solicitor or the General Manager, Transportation Services may deem necessary in the interest of the City;

d. the property owner shall remove the encroachment if required by the General Manager, Transportation Services, at any time upon receiving written notice to do so, in a timely manner deemed appropriate by the General Manager, Transportation Services; and restore the City right-of-way to the satisfaction of the General Manager, Transportation Services;

e. 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;

f. the property owner will 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; and

g. the property owner and/or occupant must obtain all Municipal Licensing and Standards approvals prior to commercial use of the encroachment.

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 maintain an encroachment within the public right-of-way at 2149 Yonge Street, formerly known as 2131 Yonge Street. The encroachment consists of a covered extruded aluminum and glass pergola which is in contravention of City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use Of. Specifically, the pergola does not meet the required set-backs from the intersection and inside edge of the sidewalk.

Although the pergola is in contravention of the requirements under Code Chapter 743, Transportation Services is requesting authority to enter into an encroachment agreement with the property owner, subject to conditions.