HomeMy WebLinkAboutCAO-14-027 - Declaration of Surplus and Sale - Vacant Land - Courtland Ave E & Benton St Staff Report
ITC:HFI ? .R CA0 Office www.kitchenerca
REPORT TO: Finance & Corporate Services Committee
DATE OF MEETING: June 9, 2014
SUBMITTED BY: Brian Bennett, Manager of Business Development, 519-741-
2200 ext. 7230
PREPARED BY: Rob Morgan, Capital Investment Adviser, 519-741-2200 ext
7734
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: April 16, 2014
REPORT NO.: CAO-14-027
SUBJECT: Declaration of Surplus and Sale, Vacant Land Courtland
Ave East/ Benton Street
RECOMMENDATION:
"That the lands located at the corner of Courtland Avenue East and Benton Street,
described as Part 9, 58R-16135, be declared surplus to the City's needs, and 'easements
be granted to KW Hydro and the owner(s) of 145 Benton Street prior to the conveyance of
the land and the land be conveyed to the owner(s) of 39 Courtland Avenue East at fair
market value, and further;
That the Mayor and Clerk be authorized to execute any documentation required to create
the easements and subsequently convey said lands; said documentation to be to the
satisfaction of the City Solicitor."
BACKGROUND:
The City has been approached by the owner of 39 Courtland Avenue East who wishes to
purchase the approximately 0.04 acre vacant City owned lot beside their house to create
additional amenity area for their home.
REPORT:
The City owned property is located at the southern corner of Courtland Ave East and Benton
Street and is zoned Commercial Residential One (CR-1) in accordance to By law 85-1. The City
acquired the property in the 1970's and demolished the home on it in anticipation of significant
road works that were to be completed. This plan never came to fruition and as such the lands
are no longer needed. Subsequent to the demolition of the home the Region of Waterloo
acquired a corner visibility triangle from this property essentially leaving the property
undevelopable.
The subject property has no structure located on it except for a hydro pole which is centrally
located on the lot. Hydro requires the pole to remain in this location and as such will require an
easement over the entire parcel to be sold. The easement would allow them to maintain and
replace the infrastructure as needed.
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The request to purchase this property was circulated to the adjacent neighbour at 145 Benton
Street. They had some concern as they have a minimal side yard and their air conditioning unit
is partially located on City property. Staff has been in discussions with the owners of 145 Benton
St and due to the narrow sideyard of their property, they would prefer that their air conditioning
unit remain with the 0.02m encroachment. An easement between the property owner and the
City would be required to be in place prior to the closing of the transaction. Ideally they would
like the property to remain in City ownership.
The City's Property Management Team has reviewed the request and has no concerns with the
sale of the property.
The value of the property will be determined should Council declare the property surplus.
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ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The sale of surplus land relates to the foundation of Efficient and Effective Government as
defined in the City's Strategic Plan.
FINANCIAL IMPLICATIONS:
N/A
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COMMUNITY ENGAGEMENT:
Consult: The request to sell this property was circulated to the adjacent neighbour at 145
Benton Street. They objected to the sale on the basis that their air condition unit was located
partially on the City property and their side yard is very narrow making it hard to access their
rear yard.
Inform: This report is posted on the City's website as part of the agenda in advance of the June
9 Standing Committee Meeting.
ACKNOWLEDGED BY: Jeff Willmer, CAO
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