HomeMy WebLinkAboutFCS-14-066 - Encroachment Agreement - 83 King St W
REPORT TO:Committee of the Whole
DATE OF MEETING:
March 31, 2014
SUBMITTED BY: Erin Mogck, Associate City Solicitor 519-741-2200 x7060
PREPARED BY:
Erin Mogck, Associate City Solicitor 519-741-2200 x7060
WARD(S) INVOLVED: 9
DATE OF REPORT: March 5th, 2014
REPORT NO.:
FCS-14-066
SUBJECT:
ENCROACHMENT AGREEMENT REQUEST – SIGN AT 83
KING ST WEST ON KING ST WEST ROAD ALLOWANCE
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 83 King Street West (PIN 22427-0054) to legalize an
existing sign which will encroach approximately 1.2m, more or less, on the City’s King
St. W. road allowance.”
BACKGROUND:
The original business at this address was known as Mimoli’s, and the original sign was installed
with valid permits, but it did not include the projecting sign. The name of the restaurant had to
be changed from Mimoli’s because of copyright issues. The business is now called Big Fat Pita
and the current owner hired a sign company to update the sign for this property. The property
owner was very diligent in providing the sign company copies of the by-law to ensure
compliance and she was led to believe the sign company had obtained the permit for the sign.
To receive the sign permit, the property owner must enter into an encroachment agreement.
REPORT:
The property owner has requested the legalization of an existing sign encroachment for the Big
Fat Pita sign for this property to aid with the identification of the property for business purposes.
The current sign encroaches 1.2m onto the City’s King St. West road allowance (measured from
the building’s front) and a height of 0.9m, and it is at least 10 feet above the sidewalk.
It will be a condition of the encroachment agreement that the owner applies for a sign permit.
Furthermore, the property owners will make the necessary adjustments to avoid internal
illumination in accordance with the City’s Sign By-law. Attached is a drawing illustrating the
location of the existing sign.
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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:
All appropriate staff and outside utility companies have reviewed the drawings and it would be in
order to authorize the execution of an encroachment agreement with the property owner(s) and
any mortgagee(s) of 83 King Street West.
ACKNOWLEDGED BY: Dan Chapman, Deputy CAO and City Treasurer, Finance and Corporate
Services
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