HomeMy WebLinkAboutFCS-12-174 - Encroachment Agreement - 2 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-12-174
SUBJECT:
ENCROACHMENT AGREEMENT REQUEST – PROPOSED
AWNINGS AT 2 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 2 Duke St.
E. (PIN 22316-0090) to legalize the proposed awnings which will encroach approximately
25”, more or less, over the City’s Duke St. E. road allowance.”
BACKGROUND:
A tenant, Pitaway, at 2 Duke St. E., would like to install new awnings for their business. The
tenant is making several improvements to the property and the awnings are part of the
improvement plan.
REPORT:
A request has been submitted by the tenant, Pitaway, located at 2 Duke St. E. for the
installation of awnings for their business. The awnings will be approximately 112” wide with a
45” drop and will encroach approximately 25” over the Duke St. E. road allowance. The
awnings will be located 9’ high off the sidewalk. Attached is a sketch illustrating the location and
dimensions of the awnings. It will be a requirement of the encroachment agreement that a sign
permit be obtained for the awnings as the restaurant name will be printed on 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 2 Duke St. E.
ACKNOWLEDGED BY:
Dan Chapman, Deputy CAO and City Treasurer, Finance and Corporate
Services
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