Maintenance of a Kiosk and Benches -

317 Carlton Street (Don River)

The Toronto Community Council recommends the adoption of the following report (April7,1999) from the Manager, Right of Way Management, Transportation Services, District 1:

Purpose:

To report on a request to maintain a community notice kiosk and two benches within the public right-of-way fronting 317 Carlton Street and on the Parliament Street flankage. As there are no specific provisions for the kiosk in Chapter 313 of the former City of Toronto Municipal Code, I am required to report on this matter.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

That City Council approve the maintenance of the community notice kiosk and the two benches within the public right-of-way fronting 317 Carlton Street and on the Parliament Street flankage, provided that the Cabbagetown Preservation Association agrees to restrict the use of the kiosk for the posting of community events and prohibits any commercial advertising and will enter into an encroachment agreement with the City of Toronto, as prescribed under Chapter 313 of the former City of Toronto Municipal Code.

Comments:

On February 4, 1999, a letter was received from Ms. Peggy Kurtin, President, Cabbagetown Preservation Association, regarding the maintenance of the existing community kiosk and two benches within the public right-of-way fronting 317 Carlton Street and on the Parliament Street flankage.

The owner/occupant of 317 Carlton Street does not own the kiosk and the benches but does not have any objection to their placement abutting his property.

It is important to note that at its meeting of January 13, 1997, the former City of Toronto adopted Clause 8 of the Land Use Committee Report No. 1, which, among other things, recommended, "That City Council's decision of June 5, 1995, not to expand citywide advertising programs involving the use of City equipment or the public road allowances beyond the current transit shelter program be confirmed". In view of this policy, the kiosk should be used strictly for the display of community notices and must not be used for any commercial advertising purposes.

Staff have inspected the subject premises and have determined that the encroachments do not negatively impact on the public right-of-way.

Conclusions:

As the kiosk and the benches do not negatively impact on the public right-of-way and provided it is used only for the display of community notices, it should be permitted.

Contact Name and Telephone Number:

Fani Lauzon, 392-7894