HomeMy WebLinkAboutFCS-12-019 - Encroachment Agreement Request-39 Doon Valley Dr.c1
Staff Report
KI~rCx~.~T~R Finance and Corporate Services Department www.kifthenerca
REPORT TO: Committee of the Whole
DATE OF MEETING: February 6, 2012
SUBMITTED BY: Steven D.S. Ross, Assistant City Solicitor x2266
PREPARED BY: Steven D.S. Ross, Assistant City Solicitor x2266
WARD(S) INVOLVED: 4
DATE OF REPORT: January 26, 2012
REPORT NO.: FCS-12-019
SUBJECT: ENCROACHMENT AGREEMENT REQUEST -EXISTING
DRIVEWAY/ACCESS, LANDSCAPING AND FENCING AT
39 DOON VALLEY DR ON DOON VALLEY DR ROAD
ALLOWANCE
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 39 Doon Valley Dr. (PIN 22625-0257) to legalize the
existing driveway/access which encroaches approximately 4.5m, more or less, on the
City's closed Doon Valley Dr. road allowance for a length of approximately 26m and
existing landscaping and fencing which encroach approximately 26.Om2 on the City's
closed Doon Valley Dr. road allowance."
BACKGROUND:
The owners of 39 Doon Valley Dr. would like to legalize the driveway/access which encroaches
over the City's closed Doon Valley Dr. road allowance being Part 5 on Reference Plan 58R-
7422. The driveway/access has been in existence for a number of years and alternate access
is not able to be accommodated elsewhere on the property due to heritage constraints and a
heritage wall which the City does not want to negatively impact. Upon review of this request, it
came to our attention that there is existing landscaping and fencing which also encroach so it
was prudent to include these lands.
REPORT:
The owners of 39 Doon Valley Dr. have been using a portion of the closed Doon Valley Dr. to
access their property. City staff have deemed it expedient to provide legal access to their
property. Alternate access is not a possibility due to heritage constraints and the City does not
want to negatively impact a heritage wall.
The City is not in a position to convey the subject property to the owners due to several legal
and planning reasons. Lands adjacent to this property are undeveloped lands and eliminating
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this access potentially creates a landlocked parcel in the future. There is also the possibility of
future installation of a City trail on the subject property.
To allow the greatest flexibility with the subject property, the City would allow access straight
across the front of 39 Doon Valley Dr. separating out the driveway from an access to the other
City land so that the City can service any utilities underneath it, as well, the portion on Part 5
closest to 111 Pinnacle Dr. would be maintained in a state to prevent driving and parking in the
area. The encroachment agreement will allow for the driveway/access and landscaping on the
understanding that the owners would always have access over Part 5 but it may be reconfigured
at some point in the future to accommodate development on adjacent undeveloped lands or a
trail.
Attached is a survey illustrating the location and dimensions of the existing encroachments.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Efficient and Effective Government -Customer Service
FINANCIAL IMPLICATIONS:
N/A
COMMUNITY ENGAGEMENT:
Community engagement is not necessary for this process. Internal staff and outside utility
companies are circulated for their comments and/or approval.
CONCLUSION:
All appropriate staff and outside utility companies reviews and approvals have been obtained,
therefore, it would be in order to authorize the execution of an encroachment agreement with
the property owner(s) and any mortgagee(s) of 39 Doon Valley Dr.
ACKNOWLEDGED BY: Dan Chapman, Deputy CAO, Finance and Corporate Services
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