HomeMy WebLinkAboutFCS-13-031 - Encroachment Agreement - 87-93 Cedar St SStaff Report iTC f I N R finance and Coroor to .services Department wmkitchener ca
REPORT TO: Committee of the Whole
DATE OF MEETING: March 4, 2013
SUBMITTED BY: Jennifer Sheryer, Assistant City Solicitor x7265
PREPARED BY: Sherry Handsor, Legal Assistant x7856
WARD(S) INVOLVED: 9
DATE OF REPORT: February 25, 2013
REPORT NO.: FCS -13 -031
SUBJECT: ENCROACHMENT AGREEMENT REQUEST — EXISTING
STEPS AT 87 -93 CEDAR ST S ON CEDAR ST S ROAD
ALLOWANCE
RECOMMENDATION:
"That, provided all necessary approvals and a complete submission for a minor revision
to Site Plan Application SP11 /072 /C /AP in compliance with condition #1 of minor variance
A2013 -010 to the satisfaction of the Manager of Site Development and Customer Service
are obtained, 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 87 -93 Cedar St. S. (PIN 22503 -0092 and 22503 -0091) to
legalize existing steps which encroach approximately 0.92m, more or less, on the City's
Cedar St. S. road allowance."
BACKGROUND:
The owner is finalizing construction of 36 dwelling units on the subject property. The units are
under construction and are substantially complete from the exterior. It has been determined
that a portion of the concrete steps has been built onto the City's Cedar St. S. road allowance.
REPORT:
A request has been submitted by the owner to legalize existing concrete steps that have been
constructed onto the City's Cedar St. S. road allowance. The steps encroach approximately
0.90m to 0.92m and are approximately 0.305m in height. The owner has obtained conditional
approval from Committee of Adjustment for this. A condition of the approval requires the owner
to enter into an encroachment agreement for all development within the City's right -of -way.
Attached is a drawing illustrating the location and dimensions of the steps.
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
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
property owner(s) and any mortgagee(s) of 87-93 Cedar St. S.
ACKNOWLEDGED BY: Dan Chapman, Deputy CAO and City Treasurer, Finance and Corporate
Services