Item - 2026.TE34.102

The Toronto and East York Community Council:

1. Authorized the General Manager, Transportation Services to enter into an encroachment agreement with the property owner of 12 Hickson Street permitting the basement entrance and catch basin, 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 encroachment 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 or amended 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 from the General Manager, Transportation Services to do so;

e. the property owner will enter into the 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 or infrastructure within the affected public right-of-way, with no obligation to replace it; and

g. no spikes or pointed tops are permitted on the encroachment.  

This staff report is about a matter for which 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 12 Hickson Street regarding a proposed encroachment within the public right-of-way. The proposal includes the reconstruction of a basement entrance and the installation of a catch basin within the public right-of-way. These elements do not comply with certain provisions of City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use of.

The property owner is requesting that Toronto and East York Community Council grant authorization for the construction and maintenance of the encroachment within the public right-of-way at 12 Hickson Street. Transportation Services recommends that this authority be granted, subject to the conditions set out in this report.