Encroachment Appeal - 2781 Yonge Street

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The decision

2019-09-16 · North York Community Council · adopted

As filed

North York Community Council: 1. Approved the request to install and maintain canopies, doors swings, and a planter along Yonge Street and Strathgowan Avenue as per Table 1 below: Table 1. Encroachment Information Encroachments Dimensions (metres) Type Location Number Length Width Height Height Above Ground Level Canopy Yonge Street 2 6.7 1.69 0.17 4.91 Yonge Street 1 6.0 1.69 0.17 4.91 Yonge Street 1 8.85 1.69 0.17 4.91 Strathgowan Avenue 1 10.69 1.69 0.17 4.61 Strathgowan Avenue 1 5.44 1.69 0.17 4.61 Strathgowan Avenue 1 4.22 1.69 0.17 3.5 Strathgowan Avenue 1 5.61 1.69 0.17 3.52 Planter Strathgowan Avenue 1 14.8 2.0 0.20 Door Swing Yonge Street 2 0.95 Strathgowan Avenue 2 0.85 Strathgowan Avenue 4 0.35 2.

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Granted the approval, subject to the following conditions: a. 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 encroachment; c. the property owner agrees that the City and/or utility companies may remove the canopies, doors swings and planter in order to install or maintain services within the affected public right-of-way with no obligation to replace the encroachments; 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; e. the property owner agrees that the door swing encroachments shall include glazing to provide visibility during operation of the doors; and f. the property owner agrees that the vegetation grown in the planter must not obstruct driver and/or pedestrian sight lines.

On the agenda

As the city filed it

This staff report is about a matter for which Community Council has delegated authority from City Council to make a final decision provided it is in keeping with City policy or by-laws. The property at 2781 Yonge Street includes the property addresses from 2779 to 2781 Yonge Street and 15 to 21 Strathgowan Avenue. It will be a mixed use, 9-storey building with 90 residential dwelling units, 28 rental units, and 800 square metres of commercial floor space.

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Transportation Services is requesting authority to enter into an encroachment agreement with the owner of 2781 Yonge Street to install and maintain canopies and door swings on Yonge Street and Strathgowan Avenue, as well as a planter on the boulevard area of Strathgowan Avenue. The encroachments will be installed and maintained as per Table 1 under the 'Recommendations' section on page 2 of this report. The canopies will not provide the required 0.5 metre setback from the edge of the sidewalk closest to the property line on the public right-of-way as per the requirements set out by 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 14.8 metre long by 2.0 metre wide planter will be set back 0.3 metres from the rear edge of the curb with a total height (including vegetation within the planter) of 0.8 metres measured from the roadway grade on Strathgowan Avenue. Multiple door swings will encroach into the City's right-of-way as follows; two will encroach 0.95 metres on Yonge Street, two will encroach 0.85 metres on Strathgowan Avenue, and four will encroach 0.35 metres on Strathgowan Avenue. The planter and door swings do not comply with Chapter 743-31E (2) which requires a 0.5 metre setback from the edge of the sidewalk located closest to the property line. The owner will be given an opportunity to make a deputation before Community Council.

Staff recommended

The Director, Transportation Services, Permits and Enforcement, recommends that: 1. North York Community Council approves the request to install and maintain canopies, doors swings, and a planter along Yonge Street and Strathgowan Avenue as per Table 1 below: Table 1. Encroachment Information Encroachments Dimensions (metres) Type Location Number Length Width Height Height Above Ground Level Canopy Yonge Street 2 6.7 1.69 0.17 4.91 Yonge Street 1 6.0 1.69 0.17 4.91 Yonge Street 1 8.85 1.69 0.17 4.91 Strathgowan Avenue 1 10.69 1.69 0.17 4.61 Strathgowan Avenue 1 5.44 1.69 0.17 4.61 Strathgowan Avenue 1 4.22 1.69 0.17 3.5 Strathgowan Avenue 1 5.61 1.69 0.17 3.52 Planter Strathgowan Avenue 1 14.8 2.0 0.20 Door Swing Yonge Street 2 0.95 Strathgowan Avenue 2 0.85 Strathgowan Avenue 4 0.35 2.

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The approval should be subject to the following conditions: a. 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 encroachment; c. the property owner agrees that the City and/or utility companies may remove the canopies, doors swings and planter in order to install or maintain services within the affected public right-of-way with no obligation to replace the encroachments; 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; e. the property owner agrees that the door swing encroachments shall include glazing to provide visibility during operation of the doors; and f. the property owner agrees that the vegetation grown in the planter must not obstruct driver and/or pedestrian sight lines.

On the record

The item as the City filed it

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