Encroachment Appeal - Pergola - 2149 Yonge Street

Specifically, the pergola does not meet the required set-backs from the intersection and inside edge of the sidewalk. Although the pergola is in contravention of the requirements under Code Chapter 743, Transportation Services is requesting authority to enter into an encroachment agreement with the property owner, subject to conditions.

The property owner shall 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. The property owner shall maintain the covered extruded aluminum and glass pergola at their own expense in good repair and a condition satisfactory to the General Manager of Transportation Services and will not make any additions or modifications to the encroachment beyond what is allowed under the terms of the Agreement; c. The property owner shall accept such additional conditions as the City Solicitor or the General Manager of Transportation Services may deem necessary in the interest of the City; d. The property owner shall remove the encroachment if required by the General Manager of Transportation Services, at any time upon receiving written notice to do so, in a timely manner deemed appropriate by the General Manager of Transportation Services; and restore the City right-of-way to the satisfaction of the General Manager, Transportation Services; d. The property owner shall agree that the City and/or utility companies may remove the encroachments at any time in order to install or maintain services within the affected public right-of-way with no obligation to replace them; 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 encroachments; and f. The property owner and/or occupant must obtain all Municipal Licensing and Standards approvals prior to commercial use of the encroachment.