114 Ossington Avenue - Encroachment Appeal

Transportation Services is seeking authority from Toronto and East York Community Council to permit the construction and maintenance of an enclosed patio structure and seating within the public right-of-way at 114 Ossington Avenue, Argyle Street flankage. Although the enclosed patio structure, benches, stairs, and guide rail are in contravention of the requirements under Code Chapter 743, staff is of the opinion that it will not have a negative impact on the public right-of-way for pedestrians or for traffic on the affected streets. Therefore, Transportation Services is requesting authority to enter into an encroachment agreement with the property owner, subject to conditions.

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 enclosed patio structure and other encroachments 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. 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. Remove the encroachment upon receiving written notice to do so; e. Obtain clearances and/or signoffs from all affected utilities and satisfy all conditions imposed by any utilities that may be affected by the installation and maintenance of the encroachments; f. The property owner shall pay (i) an annual licence fee in the amount of $4,800.00 as estimated by Real Estate Services, and (ii) any applicable real property taxes eligible. The licence fee shall increase annually by an amount equivalent to the percentage increase in the Consumer Price Index (all items - Toronto) and shall further be recalculated every five (5) years; g. 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 h. The property owner and/or occupant must obtain all Municipal Licensing and Standards and Toronto Building permits and/or licences prior to commercial use of the encroachment.