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HomeMy WebLinkAboutFCS-13-105 - Encroachment Agmt - 28 Waterloo St REPORT TO:Committee of the Whole DATE OF MEETING: June 24, 2013 SUBMITTED BY: Jennifer Sheryer, Assistant City Solicitor x7265 PREPARED BY: Jennifer Sheryer, Assistant City Solicitor x7265 WARD(S) INVOLVED: 10 DATE OF REPORT: June 11, 2013 REPORT NO.: FCS-13-105 SUBJECT: ENCROACHMENT AGREEMENT REQUEST – VARIOUS ENCROACHMENTS AT 28 WATERLOO ST. ON BREITHAUPT ST. AND WATERLOO ST. ROAD ALLOWANCES RECOMMENDATION: “That the Mayor and Clerk be authorized to execute a new Encroachment Agreement, satisfactory to the City Solicitor, with the property owners of the property municipally known as 28 Waterloo St. (PIN 22319-0124 LT) with respect to various encroachments on the City’s Breithaupt St. and Waterloo St. road allowances.” BACKGROUND: The property owners executed an encroachment agreement in 2009. This agreement legalized encroachments including a treehouse, landscaping and stone retaining wall on the Breithaupt St. and Waterloo St. road allowances. The Breithaupt St. portion of the retaining wall was damaged and had to be dismantled. REPORT: The owners have requested permission to reconstruct a portion of the Breithaupt St. retaining wall using poured concrete. Additionally, the owners wish to have the option to place fencing within the encroachment area. Any fencing placed would be in accordance with height requirements of the City’s by-law and would respect the limitation of the hedges by-law exemption applicable to this property. An encroachment agreement has been prepared in accordance with the direction received from Council in caucus. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: Efficient and Effective Government – Customer Service FINANCIAL IMPLICATIONS: Financial implications are as discussed with Council in caucus. COMMUNITY ENGAGEMENT: Community engagement is not necessary for this process. CONCLUSION: It would be in order to authorize the execution of an encroachment agreement with the property owners of 28 Waterloo St. ACKNOWLEDGED BY: Dan Chapman, Deputy CAO and City Treasurer, Finance and Corporate Services