HomeMy WebLinkAboutFCS-10-013 - Encr Agmt - 321-323 Duke St WStaff Re~p~r~
I~~rc~~nT~~ Finance and Corporate Services 1~eparfinent
REPORT TO: Committee of the Whole
DATE OF MEETING: December 20, 2010
SUBMITTED BY: Jennifer Sheryer, Assistant City Solicitor x2265
PREPARED BY: Sherry Handsor, Legal Assistant x2856
WARD(S) INVOLVED: 10
DATE OF REPORT: December 14, 2010
REPORT NO.: FCS-10-013
www.kitchenerca
SUBJECT: ENCROACHMENT AGREEMENT REQUEST -EXISTING
BUILDING AND HEDGE AT 321-323 DUKE ST W ON CITY
LA N EWAY
RECOMMENDATION:
"That, subject to obtaining all necessary approvals, 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 321-323 Duke St. W.
(PIN 22319-0120) to legalize the existing building which encroaches approximately 0.65m,
more or less, on the City laneway road allowance for a length of approximately 29m and
an existing hedge which encroaches approximately 1.3m, more or less, on the City
laneway road allowance for a length of approximately 12m."
BACKGROUND:
The owner of 321-323 Duke St. W. would like to legalize an existing encroachment of a building
and hedge on a City laneway. The building in question was constructed over 100 years ago.
REPORT:
A request has been submitted on behalf of the owner of 321-323 Duke St. W. The building
currently on the property was constructed over 100 years ago, a portion of which encroaches
onto an adjacent City laneway. The building encroaches onto the laneway approximately 0.54m
on the eastern portion of the site and 0.65m on the western portion of the site for a length of
approximately 29m. There is also a .3m high hedge which encroaches approximately 1.3m onto
the laneway for a length of approximately 12m. Attached is a survey illustrating the location
and dimensions of the existing encroachments.
Due to timing of Council meetings, this matter is being brought to Council in advance of
obtaining all necessary staff approvals.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Efficient and Effective Government -Customer Service
Staff Re~p~r~
I~~rc~~nT~~ Finance and Corporate Services 1~eparfinent
FINANCIAL IMPLICATIONS:
N/A
COMMUNITY ENGAGEMENT:
www.kitchenerca
Community engagement is not necessary for this process. Internal staff and outside utility
companies are circulated for their comments and/or approval.
CONCLUSION:
Once all appropriate staff and outside utility companies reviews and approvals have been
obtained, it would be in order to authorize the execution of an encroachment agreement with the
property owner(s) and any mortgagee(s) of 321-323 Duke St. W.
ACKNOWLEDGED BY: Lesley MacDonald, Director of Legal Services
and City Solicitor
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