Mirvish Village Business Improvement Area - Encroachment Appeal

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The decision

2026-02-19 · Toronto and East York Community Council · adopted

As filed

The Toronto and East York Community Council: 1. Authorized the Mirvish Village Business Improvement Area and the Economic Development and Culture Division to install and maintain the proposed 1.2 metre high decorative screen located within the Markham Street sidewalk, with zero setback from Poulter's Place lane and 2.4 metre deep footings, nine (9) decorative light poles with 2.4 metre deep footings, and the installation of a water bottle-filling station ("the encroachments") within the Markham Street boulevard between Bloor Street West and Poulter's Place lane, while maintaining an approximately 2.5 metre pedestrian clearway, which is to include the following conditions: a.

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the Mirvish Village Business Improvement Area, the Economic Development and Culture Division and the Transportation Services Division will enter into a memorandum of understanding regarding the encroachments to the satisfaction of the General Manager, Transportation Services; b. Mirvish Village Business Improvement Area will maintain the encroachments at its own expense in good repair and a condition satisfactory and will not make any additions or modifications to the encroachments beyond what is allowed under the terms of the memorandum of understanding; c. the Mirvish Village Business Improvement Area will remove the encroachments upon receiving written notice to do so from Transportation Services; d. Transportation Services Division and/or utility companies may remove the encroachments at any time to install or maintain their assets within the affected public right of way with no obligation to replace them; e. the Economic Development and Culture Division and the Mirvish Village Business Improvement Area will assume all responsibilities related to the authorization permitting the encroachments; f. the Economic Development and Culture Division shall obtain all Public Utility Coordinating Committee clearances and/or signoffs from the public utility companies and satisfy any requirements they may have; g. the Economic Development and Culture Division shall ensure any design of the proposed encroachments that impact Toronto Water's infrastructure shall meet Toronto Water's standards and approval conditions, as determined by Toronto Water in their sole discretion; and h. authority granted by the Toronto and East York Community Council shall be considered conditional upon receiving clearances from all affected City divisions, units and agencies.

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 to request that Toronto and East York Community Council consider an encroachment application submitted by the City of Toronto's Economic Development and Culture's (EDC) Business Improvement Area (BIA) Office on behalf of the Mirvish Village Business Improvement Area (BIA).

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In partnership with the Mirvish Village BIA and EDC's BIA Office, the proposal included the installation of a new parkette and streetscape improvements. Transportation Services recommends that Toronto and East York Community Council authorize the installation and maintenance of a 1.2 metre high decorative screen located within the Markham Street sidewalk, with zero setback from Poulter's Place lane and 2.4 metre deep footings, nine (9) decorative light poles with 2.4 metre deep footings, and the installation of a water bottle-filling station within the Markham Street boulevard between Bloor Street West and Poulter's Place lane. An approximately 2.5 metre pedestrian clearway will be maintained along Markham Street. The decorative screen, the depth of the proposed footings, and the water bottle-filling station are 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 Mirvish Village Business Improvement Area and the Economic Development and Culture Division to install and maintain the proposed 1.2 metre high decorative screen located within the Markham Street sidewalk, with zero setback from Poulter's Place lane and 2.4 metre deep footings, nine (9) decorative light poles with 2.4 metre deep footings, and the installation of a water bottle-filling station ("the encroachments") within the Markham Street boulevard between Bloor Street West and Poulter's Place lane, while maintaining an approximately 2.5 metre pedestrian clearway, which is to include the following conditions: a.

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the Mirvish Village Business Improvement Area, the Economic Development and Culture Division and the Transportation Services Division will enter into a memorandum of understanding regarding the encroachments to the satisfaction of the General Manager of Transportation Services; b. Mirvish Village Business Improvement Area will maintain the encroachments at its own expense in good repair and a condition satisfactory and will not make any additions or modifications to the encroachments beyond what is allowed under the terms of the memorandum of understanding; c. the Mirvish Village Business Improvement Area will remove the encroachments upon receiving written notice to do so from Transportation Services; d. Transportation Services Division and/or utility companies may remove the encroachments at any time to install or maintain their assets within the affected public right of way with no obligation to replace them; e. the Economic Development and Culture Division and the Mirvish Village Business Improvement Area will assume all responsibilities related to the authorization permitting the encroachments; f. the Economic Development and Culture Division shall obtain all Public Utility Coordinating Committee clearances and/or signoffs from the public utility companies and satisfy any requirements they may have; g. the Economic Development and Culture Division shall ensure any design of the proposed encroachments that impact Toronto Water's infrastructure shall meet Toronto Water's standards and approval conditions, as determined by Toronto Water in their sole discretion; and h. authority granted by Toronto and East York Community Council shall be considered conditional upon receiving clearances from all affected City divisions, units and agencies.

On the record

The item as the City filed it

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