Item - 2025.TE23.13

The Toronto and East York Community Council recommends that:

1. City Council authorize the City Solicitor to amend the Section 37 Agreement, dated July 24, 2018, (Instrument AT5062767) in connection with the development located at 25 Dalhousie Street and 30 Mutual Street to allow operation of two seasonal outdoor patios with associated obstructions on portions of the Pedestrian Walkway identified as the north-south pedestrian mews connection in the Agreement, subject to terms satisfactory to the Executive Director, Development Review, including the following:

a. the total area of the seasonal outdoor patios shall not exceed 48 square metres (south patio) and 46 square metres (north patio) respectively;

b. the retail unit(s) within 25 Dalhousie Street and 30 Mutual Street operating the seasonal outdoor patios must be adjacent to and have direct access to the patio area within the Pedestrian Walkway;

c. allow two seasonal outdoor patios within the Pedestrian Walkway which will be limited in operation to the period of May 1 to September 30;

d. any fencing and furniture associated with the patio use (including but not limited to tables, chairs and planters) shall be entirely removed from the Pedestrian Walkway during the "off-season period" (between October 1 and April 30) of each calendar year and no portion of the Pedestrian Walkway shall be used for storage of any furniture or fencing during this "off-season" period;

e. no structure shall be erected on any portion of the Pedestrian Walkway to cover the seasonal outdoor patio;

f. the daily operation hours of the seasonal outdoor patio shall be limited to 8:00 a.m. to 11:00 p.m; and

g. the final patio configuration and key elements of design will be determined in the context of Site Plan approval for the subject property.

2. City Council authorize appropriate City officials to implement City Council's decisions, including execution and registration of the amended Section 37 Agreement on title to the lands municipally known as 25 Dalhousie Street and 30 Mutual Street.

This Report recommends amending the Section 37 Agreement registered on title at 25 Dalhousie Street and 30 Mutual Street to permit two seasonal outdoor patios within a Privately Owned Publicly-Accessible pedestrian walkway ("Pedestrian Walkway") constructed on the site, and secured through a public access easement in favour of the City pursuant to site specific zoning requirements.