Item - 2025.TE23.55

The Toronto and East York Community Council:

1.  Directed the General Manager, Transportation Services to negotiate and enter into an encroachment agreement with the property owner of the premises municipally known as 224 Hallam Street, which would allow for the use of a portion of the public right of way located within the boulevard adjacent to 224 Hallam Street, at the north east corner of Hallam Street and Bartlett Avenue, for one lemonade stand measuring 1.97 metres high, 2.48 metres long and 1.25 metres wide, as further shown in the photo attached hereto as Attachment 1 to the revised letter (June 4, 2025) from Councillor Alejandra Bravo, the encroachment agreement to contain all of the following conditions, and such other terms and conditions which the General Manager, Transportation Services, or the City Solicitor may deem necessary in the interest of the City:

a. the property owner of 224 Hallam Street 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; and from the use of the public right of way for the erection or display of the lemonade stand;

b. the property owner of 224 Hallam Street must maintain the lemonade stand at their own expense in a good state of repair and in a condition deemed satisfactory by the General Manager, Transportation Services and will not make any additions or modifications to the encroachment beyond what is permitted under the terms of the encroachment agreement;

c. the property owner of 224 Hallam Street must remove the lemonade stand upon receiving written notice from the General Manager, Transportation Services to do so;

d. the encroachment must be maintained in such a manner so as to ensure that it does not interfere with the City's ability to maintain the street in a state of good repair or to keep it free of litter, snow and ice and/or interfere with traffic control devices or the existing and future location and maintenance of sidewalks, bicycle trails or utilities;

e. the property owner of 224 Hallam Street shall agree that the City and/or utility companies may remove the encroachment 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 pay to the City such fee or fees for the privilege hereby granted to install and maintain the Encroachment as may from time to time be prescribed by the Council of the City to be paid by all owners of encroachments which project in whole or in part over any public highway, street or lane in the City of Toronto, including without limitation, the fees specified in City of Toronto Municipal Code, Chapter 441, "Fees and Charges", as amended from time to time, without any deduction or set-off whatsoever, plus Harmonized Sales Tax ("HST") and any other applicable taxes;

g. the property owner obtain any and all other required licenses, permits, approvals, etc. for the use and/or operation of the lemonade stand;

h. the property owner of 224 Hallam Street shall ensure that the encroachment agreement with the City of Toronto is registered on-title at the sole expense of the property owner of 224 Hallam Street; and

i. the property owner of 224 Hallam Street pays all applicable fees related to the permitting and preparation of the encroachment agreement for the lemonade stand.

The lemonade stand located at the corner of Hallam Street and Bartlett Avenue has become a popular and beloved feature in Dovercourt Village. For over a decade, this stand has contirbuted to the vibrancy of the area and encouraged community connection among neighbours.

At the start of the year, concerns were raised that the lemonade stand created a sightline obstruction for pedestrians and drivers. The property owner worked with Transportation Services staff to ensure the structure does not interfere with pedestrian visibility or safety at the nearby intersection. A recent site visit confirmed improvements were completed by the property owner.

The proposed recommendations will enable the City of Toronto to enter into an encroachment agreement with the property owner at 224 Hallam Street to keep the lemonade stand in place while ensuring it is safe for residents who are walking by.