140 Cumberland Street - Encroachment Appeal

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The decision

2025-11-27 · Toronto and East York Community Council · adopted

As filed

The Toronto and East York Community Council: 1. Authorized the General Manager, Transportation Services to enter into an encroachment agreement with property owner of 140 Cumberland Street, to permit ongoing maintenance of the permanent all seasoned existing enclosed patio structure subject 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 enclosed patio structure 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 encroachment upon receiving written notice from the General Manager, Transportation Services to do so; e. the property owner shall pay an annual licence fee in the amount of $6,955.00 as estimated by Real Estate Services, and 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; 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; and g. the property owner and/or occupant must obtain all required Municipal Licensing and Standards and Toronto Building permits and/or licences.

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 140 Cumberland Street regarding their encroachment application. The encroachment consists of an existing enclosed patio structure within the Cumberland Street boulevard and sidewalk, which is in contravention of City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use Of.

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The property owner is seeking authority from Toronto and East York Community Council to allow the ongoing maintenance of the enclosed patio structure within the public right-of-way at 140 Cumberland Street, which is in contravention of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use Of.

Staff recommended

The Director, Street Permits, Transportation Services recommends that: 1. Toronto and East York Community Council authorize the General Manager of Transportation Services to enter into an encroachment agreement with property owner of 140 Cumberland Street, to permit ongoing maintenance of the permanent all seasoned existing enclosed patio structure subject 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 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 from the General Manager, Transportation Services to do so; e. the property owner shall pay (i) an annual licence fee in the amount of $6,955.00 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; 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; and g. the property owner and/or occupant must obtain all required Municipal Licensing and Standards and Toronto Building permits and/or licences.

On the record

The item as the City filed it

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