Item - 2025.TE21.24

The Toronto and East York Community Council:

1. Authorized the General Manager, Transportation Services to enter into an Encroachment Agreement with property owner of 114 Ossington Avenue, to permit the construction and maintenance of the permanent all seasoned enclosed patio structure, benches, stairs, guide rails, 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 enclosed patio structure and other 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 encroachment upon receiving written notice to do so; 

e. obtain clearances and/or signoffs from all affected utilities and satisfy all conditions imposed by any utilities that may be affected by the installation and maintenance of the encroachments;

f. the property owner shall pay i. an annual licence fee in the amount of $4,800.00 as estimated 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;

g. 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

h. the property owner and/or occupant must obtain all Municipal Licensing and Standards and Toronto Building permits and/or licences 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.

The purpose of this report is for Toronto and East York Community Council to consider an appeal from the property owner of 114 Ossington Avenue regarding their encroachment application. The encroachment consists of an enclosed patio structure, stairs, and guide rails measuring an area of 46.7 square meters within the Argyle Street boulevard, which is in contravention of City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use Of, specifically, permanent structures are not permitted within 70 meters of an intersection.

Transportation Services is seeking authority from Toronto and East York Community Council to permit the construction and maintenance of an enclosed patio structure and seating within the public right-of-way at 114 Ossington Avenue, Argyle Street flankage.

Although the enclosed patio structure, benches, stairs, and guide rail are in contravention of 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.