HomeMy WebLinkAboutINS-14-041 - 74 Boehmer Street Retaining Wall
REPORT TO: Council
DATE OF MEETING: November 17, 2014
SUBMITTED BY: Scott Berry, Manager, Maintenance Operations,
519-741-2600, ext. 4526
PREPARED BY: Scott Berry, Manager, Maintenance Operations
519-741-2600, ext. 4526
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: November 3, 2014
REPORT NO.: INS-14-041
SUBJECT:74 Boehmer Street Retaining Wall
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RECOMMENDATION:
For Information
BACKGROUND:
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On September 15 the owner of 74 Boehmer St. appeared at Council requesting that
the city repair the retaining wall adjacent to his driveway which is located on city
property which runs along the edge of the sidewalk fronting on Elizabeth Street. The
owner indicated that the wall has begun to crumble and he is concerned about the
safety of the wall as the sidewalk along that area is well used by the public and students
for both Prueter Public School and St. Theresa Catholic School. He further added that
he has observed city staff repairing other walls in the neighbourhood, although not of
the same type of construction and that he is looking for assistance from the city to repair
his wall. Staff were requested to investigate and report back to Council.
REPORT:
Staff have reviewed city files and can advise of the following:
1. The wall was constructed after the property was first developed in the 1950’s.
2. There does not appear to be any record of who constructed the wall or exactly
when it was installed on city property with the associated encroachment
agreement.
3. The installation of the retaining wall serves to allow the property owner use of the
side yard to facilitate access into the house without the need for additional steps
and landings and for private parking of their vehicles.
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4. The retaining wall does not benefit the city at all and if it were removed we would
not object.
5. Additionally, the property does have a current driveway ramp from Elizabeth
Street to a garage that was constructed in the 1950’s. However the garage
access has been changed.
6. The city does maintain flagstone retaining walls in the neighbourhood but has not
assumed any responsibility for poured concrete retaining walls in the past.
Staff have spoken with the property owner on several occasions about the situation and
have been clear in their position that this is not something that the city should be
participating in due to the reasons identified above. However, if the property owner
wishes to remove the wall, the city would be prepared to accept the asphalt and
concrete waste at our facility on Battler Road to reduce his disposal costs. The property
owner has indicated that he will pursue some repairs on his own this year or next and
understands the city’s position.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
STEWARDSHIP OF PUBLIC FUNDS: “Ensure effective and responsible use of public
funds within a supportive policy framework.” The City of Kitchener strives to ensure that
we are effective stewards of the public purse by taking responsibility for activities which
are within the purview of the city. However there are times when we are unable or
should not take responsibility for activities which are solely benefiting a private citizen or
business.
FINANCIAL IMPLICATIONS:
None
COMMUNITY ENGAGEMENT:
INFORM – This report has been posted to the City’s website with the agenda in
advance of the council meeting.
ACKNOWLEDGED BY:
J. Witmer, Interim DCAO Infrastructure Services Department
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