Item - 2023.TE9.38

The Toronto and East York Community Council:

1. Authorized the General Manager, Transportation Services to enter into an encroachment agreement with property owner of 2294 Bloor Street West, to permit enclosed marketing structure, 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 enclosed marketing structure 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 enclosed marketing structure upon receiving written notice to do so;

f. 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;

g. the property owner shall pay (i) an annual licence fee in the amount of $17,128.00 as established by Real Estate Services, and (ii) any applicable real property taxes eligible; the licence fee shall increase annually by an amount equivalent to the percentage increase in the Consumer Price Index (all items – Toronto), and shall further be recalculated every five (5) years based on the applicable fee of the City for private areaway encroachments, as prescribed under Chapter 441, Fees and Charges, Appendix C – Schedule 2, Transportation Services, of the City's Municipal Code, as amended or replaced; and

h. 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.

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

The purpose of this report is for Toronto and East York Community Council to consider an appeal from the property owner of 2294 Bloor Street West regarding their encroachment application. The encroachment consists of an enclosed marketing structure which is in contravention of City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use Of.

The property owner is seeking approval from Toronto and East York Community Council to allow an enclosed marketing structure to be maintained within the public right-of-way at 2294 Bloor Street West, which is in contravention of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use Of.