HomeMy WebLinkAboutFCS-13-077 - Encroachment Agreement Request - Existing Fence at 201 Doon South Drive on City Parkland
REPORT TO:
Finance and Corporate Services Committee
DATE OF MEETING:
May 6, 2013
SUBMITTED BY:
Jennifer Sheryer, Assistant City Solicitor x7265
PREPARED BY:
Sherry Handsor, Legal Assistant x7856
WARD(S) INVOLVED:
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DATE OF REPORT:
April 26, 2013
REPORT NO.:
FCS-13-077
SUBJECT:
ENCROACHMENT AGREEMENT REQUEST EXISTING
FENCE AT 201 DOON SOUTH DR ON CITY PARKLAND
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 201 Doon South Dr. (PIN 22734-0496) to legalize an
existing fence which encroaches approximately 2.06m at the rear of the property for a
length of approximately 18.84m and approximately 1.15m at the side of the property for a
length of approximately 22.8m, more or less, on City parkland.
BACKGROUND:
After the current owners of 201 Doon South Dr. moved in to their house, several problems in the
rear yard came to light. The wooden fence had been erected on City parkland. Also, although
the pool had been installed with a permit, the surrounding deck was constructed without the
required building permit. Both the deck and hot tub partially encroach onto City parkland as
well.
The current owners are taking steps to bring their property into compliance. They are working
towards obtaining a building permit for their deck and relocating it fully on their property. They
are also relocating the hot tub onto their own property. The owners would like to legalize the
existing wooden fence which is located on City parkland, known as Doon Creek Park.
REPORT:
board on
board fence that was installed onto City parkland known as Doon Creek Park. The fence
encroaches approximately 2.06m at the rear of the property for a length of approximately
18.84m and approximately 1.15m at the side of the property for a length of approximately
22.8m.
Through the encroachment circulation process, it was discovered that as part of the Doon South
Community Trails system, a trail system has been proposed and a section of the trail will loop
around behind properties located on Doon South Dr. Park Planning, Development and
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Operations staff has confirmed that the location of the existing fence is not an issue for
development of a trail system in this area.
Attached is a drawing illustrating the location of the existing fence.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Efficient and Effective Government Customer Service
FINANCIAL IMPLICATIONS:
The application fee has minimum
encroachment fee of $300/year and the agreement processing fee will also be applicable if
Council authorized this agreement.
COMMUNITY ENGAGEMENT:
Community engagement is not necessary for this process. Internal staff,the Grand River
Conservation Authority, and the Regional Municipality of Waterloo have been circulated for their
comments and/or approval.
CONCLUSION:
Support for legalizing the existing fence encroachment has been received from the appropriate
staff, the GRCA and the Region, therefore, it would be in order to authorize the execution of an
encroachment agreement with the property owner(s) and any mortgagee(s) of 201 Doon South
Dr.
ACKNOWLEDGED BY:
Dan Chapman, Deputy CAO and City Treasurer, Finance and Corporate
Services
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