750 Spadina Avenue - Encroachment Appeal

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The decision

2025-02-20 · Toronto and East York Community Council · adopted

As filed

The Toronto and East York Community Council: 1. Authorized the General Manager, Transportation Services to negotiate and enter into an Encroachment Agreement with property owner of 750 Spadina Avenue, to permit the construction and maintenance of three steel bollards and other encroachments, 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.

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maintain the steel bollards and other encroachments 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 conditions as the City Solicitor or the General Manager, Transportation Services may deem necessary in the interest of the City; d. remove the encroachments upon receiving written notice to do so; e. obtain clearances and/or sign-offs from all affected utilities and satisfy all conditions imposed by any utilities that may be affected by the installation and maintenance of the encroachments; and f. 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.

On the agenda

As the city filed it

This staff report is about a matter that Community Council has delegated authority from City Council to make a final decision. The purpose of this report is for Toronto and East York Community Council to consider an appeal from the property owner of 750 Spadina Avenue regarding their encroachment. The proposed encroachments consist of various encroachments including three (3) steel bollards. The proposed bollard encroachments contravene City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use Of, specifically, no encroachments other than soft landscaping are permitted within 0.50 metres of the edge of sidewalk located closest to the street line and should exceed 1.0 metre in height within 70 metres of the intersection.

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Transportation Services is seeking authority from Toronto and East York Community Council to permit the construction and maintenance of three steel 1.2 metre high bollards, as a 2.1-metre-wide pedestrian clearway will be maintained within which meets the 2.1 metre pedestrian clearance required for permitted encroachments.

Staff recommended

The Director, Permits and Enforcement, Transportation Services recommends that: 1. Toronto and East York Community Council authorize the General Manager, Transportation Services to negotiate and enter into an encroachment agreement with property owner of 750 Spadina Avenue, to permit the construction and maintenance of three steel bollards and other encroachments, subject, but not limited to, the following conditions: a.

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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 steel bollards and other encroachments 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 conditions as the City Solicitor or the General Manager, Transportation Services may deem necessary in the interest of the City; d. remove the encroachments upon receiving written notice to do so; e. obtain clearances and/or sign-offs from all affected utilities and satisfy all conditions imposed by any utilities that may be affected by the installation and maintenance of the encroachments; and f. 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.

On the record

The item as the City filed it

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