Encroachment Appeal - 1962 Eglinton Avenue West

The canopy will also have an overall height of 0.3 metres and will be installed approximately 3.02 metres above the finished grade while the three sunshades will be installed approximately 6.5 metres above the finished grade. No setback will be provided between the canopies or the windows sunshades from the rear edge of the sidewalk on Eglinton Avenue West and Hartley Avenue within the boulevard area. The canopy and window sunshades on the public right-of-way do not meet the setback requirements of the City of Toronto Municipal Code, Chapter 743-14 (C) and 743-31 (E) 2, 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.

Encroachments will provide no setback from the rear edge of the sidewalk on Eglinton Avenue West and Hartley Avenue within the boulevard area, as generally shown in the enclosed attachments, 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 encroachments; c. the property owner agrees that the City and/or utility companies may remove the canopy and window sunshades 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.