482 and 488 Wellington Street West - Encroachment Appeal

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The decision

2026-05-28 · 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 the property owner of 482 and 488 Wellington Street West to permit the wooden service bar enclosure with a canopy and a wooden privacy screen attached to a pergola ("the encroachment"), subject but not limited to, the following conditions: a. the property owner will 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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the property owner will maintain the encroachment 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. the property owner will accept such additional conditions as the City Solicitor, or the General Manager, Transportation Services may deem necessary in the interest of the City; d. the property owner will remove the encroachment upon receiving written notice from Transportation Services to do so; 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 encroachment; f. authority granted by Toronto and East York Community Council shall be conditional upon the applicant obtaining all required clearances from affected City divisions, units, agencies and the Public Utility Coordinating Committee, including signoffs from all public utility companies and satisfying all associated requirements; g. Transportation Services Division and/or utility companies may remove the encroachment at any time to install or maintain their assets within the affected public right-of-way with no obligation reinstate it; h. the property owner shall pay: 1. an annual licence fee in the amount of $3,008.00 as determined by Corporate Real Estate Management; and 2. any applicable property taxes eligible for the wooden service bar enclosure and canopy at 488 Wellington Street West; the licence fee shall be adjusted annually based on the Consumer Price Index (Toronto, all items) and be recalculated every five (5) years; and i. the property owner and/or occupant must obtain all necessary permissions from Toronto Building and Municipal Licensing and Standards, if required.

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 submitted by the property owner of 482 and 488 Wellington Street West regarding their encroachment application. The encroachment consists of a wooden service bar enclosure with a canopy, occupying a total area of 11.9 square metres and a wooden privacy screen attached to a pergola.

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These structures do not comply with City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use Of. The property owner is seeking authority from Toronto and East York Community Council to allow the continued maintenance of the encroachment within the public right-of-way.

Staff recommended

The Acting Director, Street Permits, Transportation Services recommends that: 1. Toronto and East York Community Council authorize the General Manager, Transportation Services to enter into an encroachment agreement with the property owner of 482 and 488 Wellington Street West to permit the wooden service bar enclosure with a canopy and a wooden privacy screen attached to a pergola ("the encroachment"), subject but not limited to, the following conditions: a.

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The property owner will 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 will maintain the encroachment 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. The property owner will accept such additional conditions as the City Solicitor or the General Manager, Transportation Services may deem necessary in the interest of the City; d. The property owner will remove the encroachment upon receiving written notice from Transportation Services to do so; 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 encroachment; f. Authority granted by Toronto and East York Community Council shall be conditional upon the applicant obtaining all required clearances from affected City divisions, units, agencies, and the Public Utility Coordinating Committee (PUCC), including signoffs from all public utility companies, and satisfying all associated requirements; g. Transportation Services Division and/or utility companies may remove the encroachment at any time to install or maintain their assets within the affected public right-of-way with no obligation reinstate it; h. The property owner shall pay: i. an annual licence fee in the amount of $3,008.00 as determined by Corporate Real Estate Management; and ii. any applicable property taxes eligible for the wooden service bar enclosure and canopy at 488 Wellington Street West. The licence fee shall be adjusted annually based on the Consumer Price Index (Toronto, all items) and be recalculated every five (5) years; and i. The property owner and/or occupant must obtain all necessary permissions from Toronto Building and Municipal Licensing and Standards, if required.

On the record

The item as the City filed it

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