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HomeMy WebLinkAboutFCS-13-186 - Encroachment Agmt - 864 Thomas Slee DrREPORT TO: Staff Report Finance and Corporate Services Department DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD(S) INVOLVED: DATE OF REPORT: REPORT NO.: SUBJECT: RECOMMENDATION: wvmkitrhener ca Committee of the Whole November 25, 2013 Erin Mogck, Associate City Solicitor 519 - 741 -2200 x7060 Erin Mogck, Associate City Solicitor 519 - 741 -2200 x7060 4 November 18, 2013 FCS -13 -186 ENCROACHMENT AGREEMENT REQUEST — EXISTING GARDEN BORDER AT 864 THOMAS SLEE DR "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 864 Thomas Slee Dr. (PIN 22734 -0423) to legalize an existing concrete garden border which encroaches approximately 0.91m in width at the side of the property for a length of approximately 55.155m, more or less, onto adjacent City stormwater management pond." BACKGROUND: The owners of 864 Thomas Slee Drive would like to legalize a concrete garden border that was unknowingly installed on City property (as set out in the diagram attached). The current owners purchased the property in 2000 beside a water runoff area at the corner of Thomas Slee Drive and Pinnacle Drive. They installed the concrete garden border and have done extensive landscaping to their yard. The concrete border is low to the ground and crosses the property line in four places onto the City side. According to the property owner, "The border that hems the garden is a continuous strand of material that is not easily removed and would be very costly and labour intensive to replace." The "S" shape of the concrete border makes the encroachment difficult to articulate. For convenience, the encroachment will be described as approximately 0.91 m (3 feet) by 55.155 metres along the side of the lot onto a City greenspace, which is a stormwater management pond, as shown on the attached plan. REPORT: The owners of 864 Thomas Slee Dr. would like to legalize a low -lying concrete border outlining their garden. The concrete border, like a retaining wall, encroaches approximately 0.91 m at the side of the property for a length of approximately 55.155m. 6 -1 Through the encroachment circulation process, it was decided that this encroachment will not have a negative effect on the functioning of the stormwater management pond, which is adjacent to the property. If the City needs to rehabilitate or retrofit the pond in the future, the City may rely on a removal clause at the owner's expense in the encroachment agreement. Environmental Planning has confirmed that the land adjacent to this property does not contain natural heritage features of local, Regional, Provincial or Federal significance. Attached is a drawing illustrating the location of the existing concrete garden border and the location of the lot adjacent to the stormwater management pond. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: Efficient and Effective Government — Customer Service FINANCIAL IMPLICATIONS: The application fee has been paid in accordance with the City's fee schedule. The formula approved by Council applies in this case and the annual encroachment fee is $319 /year. The agreement processing fee of $212 will also be applicable if Council authorized this agreement. COMMUNITY ENGAGEMENT: Community engagement is not necessary for this process. Appropriate City Staff have been circulated for their comments and /or approval. CONCLUSION: Support for legalizing the existing concrete curb encroachment has been received from the appropriate staff; therefore, it would be in order to authorize the execution of an encroachment agreement with the property owner(s) and any mortgagee(s) of 864 Thomas Slee Drive. ACKNOWLEDGED BY: Dan Chapman, Deputy CAO and City Treasurer, Finance and Corporate Services 6 -2 LOT 53 f LOT 52 l LOT 51 Encroachment { Area 4 — Approx r: ,r LOT 64 LOT 63 BLOCK 67 Encroachment Area 3 — Approx 1' x 5' Encroachment Area 2 — Approx 1'x3' Encroachment Area 1— Approx 3'x 6' This sketch x ;g +vs (in red) where the encroachments actually occur and is not to scale. The following pictures will better describe the areas in question. 6 -3 Print Preview Page 1 of 1 fi 7 75 79 864 Thomas Slee 52 56 60 �a 72= asa W-MANT", 857 861' 889 875....., 877 885 _ 13 837 ..• 10 879. 7 14 11 Map Printed On 11120/2013 Copyright This document is subject to copyright and may only be used for your persona €, non - commercial use, provided you keep in tact the copyright notice. m 2012 The Corporation of the City of Kitchener. Some portions of this publication are produced using information under licensed use from Teranet ©1998 Protected by Copyright - May not be reproduced without Permission Disclaimer The City of Kitchener assumes no responsibility for any errors, and is not liable for any damages of any kind Powned by ROLTA Onftlnt'u resulting from the use of, or reliance on, the information contained in this document. The City of Kitchener does not make any representations or warranty, express or implied, concerning the accuracy, quality, likely results or reliability of the use of the information contained in this document. THIS IS NOT A PLAN OF SURVEY - PROJECTION: UTM NAD 83 zone 17 6 -4 http:// onpointprod/ onpointint/ WebPages /Print/PrintPreviewPage.aspx 11/20/2013