Item - 2026.TE34.103

The Toronto and East York Community Council:

1. Authorized the City to enter into an encroachment agreement with the property owner of 353, 355 and 357 College Street permitting a sanitary control maintenance hole, stormwater control maintenance hole and groundwater sampling port, 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 an encroachment agreement with the City of Toronto, at the applicant's expense, and assume all liability and damages related to the encroachment; and

f. the property owner shall agree that the City and/or utility companies may remove the encroachment at any time to install or maintain services or infrastructure within the affected public right of way with no obligation to replace them.

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 to provide Toronto and East York Community Council with an opportunity to consider an appeal submitted by the owner of 353, 355, and 357 College Street regarding a proposed encroachment within the public right-of-way on College Street. The proposed encroachment would consist of a privately constructed sanitary control maintenance hole, a stormwater control maintenance hole, and a groundwater sampling port. These elements do not comply with certain provisions of City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use of.

Transportation Services has reviewed the application and determined that the proposed encroachment will not adversely affect pedestrian movement, vehicular traffic, or the City's ability to access and maintain the public right-of-way. Accordingly, Transportation Services recommends that Toronto and East York Community Council authorize the proposed encroachment at 353, 355, and 357 College Street, subject to the conditions set out in this report.