Encroachment Appeal - 1700 Avenue Road

The building is currently under construction and was approved through the development review process under Zoning By-law Amendment Application No. 11 330290 NNY 16 OZ and Site Plan Application No. 11 330258 NNY 16 SA. Transportation Services is requesting authority to enter into an encroachment agreement with the owner of 1700 Avenue Road to install and maintain three aluminum frame canopies with fabric canvas that will have a total length of 21.4 metres. The canopies will also have an overall height of 1.0 metre and will be installed approximately 3.33 to 4.35 metres above the finished grade. No setback will be provided between the canopies and the rear edge of the sidewalk on Avenue Road within the boulevard area. The canopies on the public right-of-way do not meet the setback requirements of the City of Toronto Municipal Code, Chapter 743-14 (C), Streets and Sidewalks, Use of, for delegated approval as an encroachment by the General Manager, Transportation Services. The owner will be given an opportunity to make a deputation before Community Council.

the property owner enters into an encroachment agreement with the City of Toronto at the applicant's expense and assumes all liability and damages related to the encroachments; b. the property owner must retain valid property insurance for the duration of the encroachments in case there are any claims initiated due to the encroachments; c. the property owner agrees that the City and/or utility companies may remove the canopy with signage in order to install or maintain services within the affected public right of way with no obligation to replace the encroachments; and d. the property owner agrees that any discharge of water from the canopies shall be oriented to direct water away from the road or sidewalk.