Item - 2025.TE27.46

The Toronto and East York Community Council:

1. Authorized the General Manager, Transportation Services to enter into an encroachment agreement with property owner of 1320 Queen Street East, to permit the construction and maintenance of a basement entrance, 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 basement entrance 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 retaining wall upon receiving written notice from the General Manager, Transportation Services to do so;

e. 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 encroachment;

f. the property owner 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;

g. no spikes or pointed tops permitted on the railings;

h. obtain all Public Utility Coordinating Committee clearances and/or signoffs from the public utility companies and satisfy any requirements they may have; and

i. the property owner shall obtain all necessary permits for the encroachment from Toronto Building, if required.

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 1320 Queen Street East regarding their encroachment application. The proposed encroachment consists of a basement entrance that extends 2.27m below grade with a 0.10m setback from the sidewalk, which is in contravention of City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use Of.

The property owner is seeking authority from Toronto and East York Community Council to construct and maintain a basement entrance within the public right-of-way at 1320 Queen Street East, which is in contravention of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use Of.