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HomeMy WebLinkAboutCRPS-10-067 - Encroachment Agmt - 10 Winifred StREPORT TO: Committee of the Whole DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD(S) INVOLVED: DATE OF REPORT: REPORT NO.: May 17, 2010 Jennifer Sheryer, Assistant City Solicitor Sherry Handsor, Legal Secretary 3 May 10, 2010 CRPS-10-067 SUBJECT: ENCROACHMENT AGREEMENT REQUEST - 10 WINIFRED ST -PROPOSED FENCE OVER STORM SEWER EASEMENT RECOMMENDATION: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner(s) and any mortgagee(s) of the property municipally known as 10 Winifred St. (PIN 22732-0566 LT) to legalize a proposed wooden fence along the side lot line for a length of 29.4m, more or less, and a wooden fence with a gate extending from the side of the house to join up with the wooden fence along the side lot line for a length of approximately 2.72m, over an storm sewer easement registered as Instrument Number LT105877." REPORT: The property owners of 10 Winifred St. have installed an inground pool on their own property. The side of their property is subject to a storm sewer easement registered as Instrument Number LT105877. To be in compliance with Chapter 630 (Fences) of The City of Kitchener Municipal Code, it is necessary to have a 1.52m high non-climbable fence installed around the pool. The property owners would like to install a 1.83m wooden fence along the side lot line for a length of approximately 29.4m and would be located over the easement. A wooden fence including a gate would also extend from the side of the house and join up with the wooden fence running along the side lot line and would extend approximately 2.72m over the easement. A drawing of the proposed encroachment is attached. The Building Division supports the proposed fence encroachment as long as certain concerns are addressed through the encroachment agreement and the Engineering Division supports these additions as well. They have advised that any fence located over the easement shall be installed at a minimum height of 7.62 cm (3") from grade. The Enforcement Division has also advised that any fence located over the easement shall be installed at a maximum height of 8.89 cm (3 %2") from grade. The Building Division also requires that post holes for the fence not 3-1 be installed deeper than .91 m (3') from grade, any fence erected on the easement not prevent water from draining to the catch basin and any fence be constructed in a manner that does not impact drainage of surface water or adversely impact the drainage patterns of adjacent properties that slope to the catch basin. If the City requires removal of the fence or portion of the fence for any reason including any maintenance, repair, and replacement of the storm sewer such removal will be at the sole expense of the homeowners. Furthermore, any damage to the storm sewer caused by the encroachment will also be at the homeowners' expense. FINANCIAL IMPLICATIONS: N/A CONCLUSION: The appropriate staff has reviewed this request and support entering into an encroachment agreement for the proposed fence over the storm sewer easement. ACKNOWLEDGED BY: Lesley MacDonald, Director of Legal Services and City Solicitor 3-2 KEY PLAN -y~NIF r4 - ' , S REAL PROPERTY SURVEYOR s REPORT R FO PLAN OF LOT 22, REGISTERED PLAN 58M-263 ~ o s SrRF~ a_ ~ s ' CITY OF KITCHENER ~ 2 REGIONAL MUNICIPALITY OF WATERLOO 5 SCALE: 1 - 250 «w« ~{p 0 S 10 15 mPtro~ - ~ r- ~ A -~ az"CtI C VAN HARTEN SURVEYING INC. 23 22 21 20 19 18 17 16 W I N I FF E D STREET `°T `°'~OL TRAVERSE DATA ' ' ~ E 84.507 2T26 NS ~~ A : 6' N3'47'2YE~ - 33.897 - ~ C N31'58'1TW 4.770 i ~ i'~ ' i1: %:iii i~ _-:i v' I -- ~ ~ .. ~ .. ' ' " 1 - l7 lJ _. . . ~ ~_ l7 L/ i : vi:i :: .. ~~ : ~~ .: ~ (FORMERLY WINIFRED PLACE) - (NAME CHANGE BY LAW INST. LT83871) (ESTABLISHED BY REGISTERED .PLAN 58.M 263) (16.000 Metres Wide) RAp..40:000 ARC~5.766 (Reference Beoring) ~ 5~ 666 N 24 W N 75246E s~ vH N HD50 /~ 2 S 3,~~f D . S3 1 l9 . NO 33"E 1 sle ~ ~ II ~ i N3'57'30` , •O1 - m 2.058 0 ~ ~ - N TOP OF O F~ ~' N ri - OM 4 ~~~ 306.23 KI •:' I _ n i 2.35. I -~ z o ORCH 2.70 Z -u I ' '. p GARAGE ~ L_J- I D ~?a l : it `~ (l: - 1. y a'~ I ::::;' <!: v ~ m "L ;' --~ ':: _. . _ . I OWEWNG UNDER SUMMAR1f . ~ REPORT• 72 • _ J CONSTRUCTION 2' 13 297 ~ -- CLIENT: THOh1ASF1ELD HOMES I No. To - VAN HARTEN SURVEYING INC. ACCEPTS NO ~HIMNEY sv. I ~~* RESPONSIBILITY FOR' USE BY OTHER I I I ~ .. : I .. U I ER+. : 1.95 I 1 I DWEWNG EASEMENTS: PART 9, PLAN 58R-13905 IN FAVOUR OF ~ I ); ? I I THE CrIY OF KRCHENER AS IN .'(1 INST. LT105877 I I n12 I y 297 ~ -- „-r- . LOT 22 I z;: 4i I _ l/ / s_ ~ N I 1-w r u I`'~v vi I os6 a3z I ~ 1,3o°t~. ASSOCIATION OF ONTARIO ~ ""'e- °i1 LANG SURVEYORS I b pooper~~ 1,..~. vuN suavrssrav azvv S 25 ~ 2 1558470 ' r V" P°~''~~if~ ' m I I ~ G,onr:.eti'~' ~vlei ~18.108~~ ~ I N3'28'SD" E le _ ~ THIS PL:PN IS NOT VALID - .., ! %! .:i l\i ~ yil3__ ?L :LZ l1NL~SS [T :S AN EMBOSSED - .. • PlN .22732-0 1 1 6 ORiGiNAL OGP'i ISSUED BY THE SURVEYOR - - /1r: ~ /l -r- ~ v~ j? s^,, Ii r - / l/. _ l/ / In accordance w8h ~ ~ _ ~ ,r;~ _ _ ~ Regulation 1026, Section 29(3) ~. ~~ /l; '~..r_ /~/~ ~`. /~,. `~ `~, /ill. . i~ ~ ° vim: ,~.- .y i~ i ..: /lA',t'L_ ~l f ~. l/ lJ l lil/: lip-J.., l/, © 2005 VAN HARIEN YL'RVEYING WC. NO PERSON MAY COPY, REPRODUCE, DISTRIBUTE OR ALTER THI.i PLAN W WHOLE OR W PART WRHOVT THE WRIREN PERMISSION OF VAN HARTEN SUR/fl'ING WC. Jun 07, 2005-1:3Tpm C:\IOtch\S6U-263\ACM B4 A METRIC DISTANCES ON THIS PUN ARE SHOWN IN METRES AND CAN 9E CONVERTED TO FEET 6Y DMWNG BY~0.3046. \ wQ 1 NOTE ALL MEASUREMENTS SHOWN 1O BUIIDWG. ARE TO THE CONCRETE FOUNDATION UNLESS WDICAIEO 01HFAWISE LEGEND' NOTE ALL MEASUREMENTS SHOWN ON THIS PUN ARE L1Y YAN HARTEN-SURVEYWG INC. UNLESS INDICATED OTVIERWISE -p~- SURVEY MONUMENT SET 100 CONTROL POINT -a•- suRYEr MONUMENT FouND - NOTE: PROJ. N0. 15477-03 SIB STANDARD IRON eAR ssl6 SHORT STANDARD IRDN BAR BEARINGS ARE REFERRED T0. PART OF THE EASTERLY LIMIT OF CHECKED BY' J.M,L IB IRON 6AR WINIFRED STREET HAVING AN ASTRONOMIC COURSE OF cc cur CROSS 1155 h VH vAN MARTEN suRYEnNC INC., o.~s.•. N857'30"E AS SHOWN ON REGISTERED PLAN 58M-263. DRAWN BY LM.L Van H~~~~ SURVEYOR'S CERTIFICATE: I CERT,FY THAT: 1.THIS SURVEY AND PLAN ARE CORRECT AND IN SURVEYING INC. ACCORDMCE WIThI THE SURVEYS ACT AND THE SURVEYORS . LAND SURVEYORS and ENGINEERS ~, ACT. AND THE REGULATIONS MADE UNDER THEM. 423 WOOLWICH SrREEr - GUELPH, ONTARIO I PHONE (519) 621-2763 FAx fiz1-2no 2.THE SURVEY WAS COMPLETED ON THE JAMES M. LAWS, O.LS. _ _ www.vanhaHen.com I 3rd UAY OF MAY, 2005 DATE: JUNE 7, 2005 3-3