HomeMy WebLinkAboutFCS-16-075 - Encroachment Agreement - 100 Ahrens Street West
REPORT TO: Committee of the Whole
DATE OF MEETING: April 25, 2016
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: Ward 10
DATE OF REPORT: April 20, 2016
REPORT NO.: FCS-16-075
SUBJECT: ENCROACHMENT AGREEMENT REQUEST – PATIO, SIGN, AND
AWNINGS OVER ROAD ALLOWANCE AT 100 AHRENS STREET
WEST
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RECOMMENDATION:
“That, subject to obtaining all necessary approvals, the Mayor and Clerk be authorized to
execute an Encroachment Agreement with the owner of the property, 100 Ahrens St. Ltd.
(PIN 22320-0086) for a wood patio deck, a business sign, and awnings located on or over
City land at 100 Ahrens Street West, said agreement to be to the satisfaction of the City
Solicitor.”
BACKGROUND:
The property at 100 Ahrens Street West is located across from the train station where Ahrens
Street is closed by the train tracks. The property owner of the 100 Ahrens Street West
approached the City of Kitchener for permission to place a patio over the City’s road allowance
and also to project a sign and awnings over the 100 Ahrens Street West road allowance.
REPORT:
The property owner of 100 Ahrens St. Ltd. has new tenants. The tenants plan on operating a
business called Smile Tiger Coffee Roasters. Since there is zero-set back, anything placed in
front of the building would encroach onto City land.
Therefore, the property owner would like to be authorized to encroach for the purposes of
installing a wood patio deck on the road allowance as well as to project business signs and
awnings over the road allowance.
The dimensions of the wood patio are 8 feet 10 inches by 27 feet or (2.7m x 8.2m). The railing
will be 3 feet high (0.9m).
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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The awnings project approximately 4 feet (1.25m) from the building and overhang the patio,
encroaching over the City’s road allowance. Underneath the awning, the fascia sign will read
“Smile Tiger Coffee Roasters” and will only project 9.5 inches (0.24m). The projection sign will
project about 28” (0.7m) from the building. The symbol of a tiger will be on this projection sign.
Through the encroachment circulation process, it was discovered that there is an existing
Allstream plant running along Ahrens Street West in front of the building, but there is no
objection from MTS Allstream as long as the property owner maintains a standard clearance of
0.6m horizontal, 0.3m vertical and hand trench within 1.0m.
A sign permit is required for the signs and they must meet all regulations of the Sign By-law.
Furthermore, please find drawings in Appendix A illustrating the signage specifications and
Appendix B, which shows the patio location.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation of this report supports the achievement of the City’s strategic vision
through the delivery of core services.
FINANCIAL IMPLICATIONS:
The application fee of $269 has been paid in accordance with the City’s fee schedule. An
additional $230 processing fee is payable once authorized by Council, and it is expected to be
received in accordance with the City’s fee schedule.
COMMUNITY ENGAGEMENT:
INFORM – This report has been posted to the city’s website with the agenda in advance of the
Council meeting.
CONSULT - Internal staff and outside utility companies have been circulated for their comments
and/or approval.
CONCLUSION:
Once support for authorizing the encroachment of the patio, signs and awnings is received from
Council and all utility and staff circulations are completed with no objections, it will be in order to
authorize the execution of an encroachment agreement with 100 Ahrens St. Ltd.
ACKNOWLEDGED BY:
Dan Chapman, Deputy CAO and City Treasurer, Finance and Corporate Services
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