Item - 2025.EY26.26

The Etobicoke York Community Council:

1. Authorized and directed the General Manager, Transportation Services to negotiate and enter into an encroachment agreement with the property owner of the premises municipally known as 3653 Lake Shore Boulevard West to maintain the encroachments flanking on Thirty Sixth Street, such encroachments including a wooden pergola averaging 2.5 metres in height surrounded by a metal fence averaging 1.2 metres tall with two outward swinging doors superposed over concrete pad and surmounted by a wooden panel top, and 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 encroachment;
 

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 encroachment;
 

c. The property owner agrees that the City upon receiving written notice from the General Manager, Transportation Services to do so and/or utility companies may remove the encroachments to install or maintain services within the affected public right of way with no obligation to replace the encroachments;
 

d. The property owner agrees to obtain a permit from Toronto Building Division, Sign by-law Unit for the restaurant signs encroaching into the right of way prior to issuance of the encroachment agreement;
 

e. The property owner agrees to obtain a licence from the Municipal Licensing and Standards Division for the outdoor patio and provide proof an application has been received from them;
 

f. The property owner agrees, patrons shall only enter and exit patio through the restaurant main door located on Lake Shore Boulevard West; there will be no entrance or exist from the patio itself on Thirty Sixth Street and only use in case of a fire emergency;
 

g. The property owner must maintain the encroachments at their own expense in a good state of repair and in a condition deemed satisfactory by the General Manager of Transportation Services and must not make any additions or modifications to the encroachment beyond what is permitted under the terms of the encroachment agreement;
 

h. The property owner agrees to indemnify and save the City, its elected officials, officers, employees and agents, harmless with respect to any action, cost, claim, loss, injury or damage whatsoever arising from the placement or installation and occupation of the street by the installation;
 

i. The property owner accepts such additional conditions as the City Solicitor or the General Manager of Transportation Services may deem necessary in the interest of the City; and
 

j. The property owner shall ensure that the encroachment agreement with the City of Toronto is registered on-title of all relevant properties, at the sole expense of the property owner.

Southside Johnny’s Bar and Grill has an existing outdoor eating area on Thirty Sixth Street since approximately 20 years ago.

Property owner proposes to enter into an encroachment agreement for the existing pergola surrounded by metal fence superposed over concrete pad and surmounted by wooden panel top. The metal fence includes two outward swinging gate doors along Thirty Sixt Street within the City right of way. None of the installations provide with a set back from the rear edge of the sidewalk.