HomeMy WebLinkAboutFCS-12-173 - Encroachment Agreement - 18 Duke St EREPORT TO:Committee of the Whole
DATE OF MEETING:
October 22, 2012
SUBMITTED BY: Jennifer Sheryer, Assistant City Solicitor x2265
PREPARED BY:
Sherry Handsor, Legal Assistant x2856
WARD(S) INVOLVED: 10
DATE OF REPORT: October 16, 2012
REPORT NO.:
FCS-12-173
SUBJECT:
ENCROACHMENT AGREEMENT REQUEST – PROPOSED
AWNINGS AT 18 DUKE ST E OVER DUKE ST E ROAD
ALLOWANCE
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 tenant or
property owner(s) and any mortgagee(s) of the property municipally known as 18 Duke
St. E. (PIN 22316-0090) to legalize the proposed awnings which will encroach
approximately 39”, more or less, over the City’s Duke St. E. road allowance.”
BACKGROUND:
A tenant, Holy Guacamole, at 18 Duke St. E., would like to install new awnings for their
business. The awnings will be professionally installed by an awning company.
REPORT:
A request has been submitted on behalf of the tenant, Holy Guacamole, located at 18 Duke St.
E. for the installation of awnings for their business. The awnings will be 180” wide with a 39”
drop and will encroach approximately 39” over the Duke St. E. road allowance. The awnings
will be located at least 7’ high off the sidewalk. Attached is a sketch illustrating the location and
dimensions of the awnings.
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:
Community Priority – Dynamic Downtown
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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:
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
tenant or property owner(s) and any mortgagee(s) of 18 Duke St. E.
ACKNOWLEDGED BY: Dan Chapman, Deputy CAO and City Treasurer, Finance and Corporate
Services
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