HomeMy WebLinkAboutCOR-19-035 - Encroachment Request: 51 Thorncliffe Street - Pool Encroachment Over City EasementREPORT TO: Committee of the Whole
DATE OF MEETING: June 24, 2019
SUBMITTED BY: Erin Kearney, Interim Prosecutor
519-741-2200 ext. 7060
PREPARED BY: Erin Kearney, Interim Prosecutor
519-741-2200 ext. 7060
WARD (S) INVOLVED: Ward7
DATE OF REPORT:June 19, 2019
REPORT NO.: COR-19-035
SUBJECT:Encroachment Request:51 Thorncliffe Street-Pool
encroachment over city easement
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RECOMMENDATION:
satisfactory to the City Solicitor, with the propertyowner of the property
municipally known as 51Thorncliffe Street to authorize the erection of an above-
ground pool and appropriate fencingon storm and sanitary sewer
easementlocated onsaid property.
BACKGROUND:
The property owner is asking for permission to install a 12.8 feet by 24.6 feet above-
ground pool in the rear yard of their property, in addition to theappropriate fencing
as required by by-law overeasement located onthis property.
REPORT:
The propertyowner is asking for permission to installa 12.8feet by 24.6 feet above-
ground pool in the rear yard of their property, in addition to the appropriate fencing as
required by by-law.
The entirety of the rear yard of this property is subject to an easement held by the City of
Kitchener. The purpose of this easement is to allow the City access to astorm and
sanitary sewer below the property.
City staff have reviewed the request. The Planning Division noted that their support was
contingent on the pool and fence be constructed according to appropriate by-laws and
the correct permits are obtained. It is worth noting that these permits cannot be obtained
without entering into an encroachment agreement due to the easement held by the City.
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It is also worth noting that the property owner was originally issued a building permit by
the City of Kitchenerin May 2019, which was retracted when it was discovered an
encroachment agreement was required.
The Building Division noted that it would be highly unlikely that the City would need to
access this sewerthrough the property, as maintenance on this seweris performed by
enteringmanholes that are located off the property. Despite this, a clause will be included
in the encroachment agreement notifying the property owner that removal of the
the storm and sanitary sewer from the property.
The property owner has submitted a sketchof the placement of the proposed pool, which
isattached to this report
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
strategic vision of Efficient and Effective Government by way of Customer Service.
FINANCIAL IMPLICATIONS:
All fees associated with encroachments will be paid by the applicant. The Applicationfee
of $280.00 has been paid. A processing fee of $235 will become payable after Council
approval.
COMMUNITY ENGAGEMENT:
INFORM
of the Standing Committee.
ACKNOWLEDGED BY: Victoria Raab, General Manager, Corporate Services
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