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HomeMy WebLinkAboutDTS-06-028 - Road Widening - 48 Irvin St1 Kd LR Development& Technical Services 6 REPORT Report To: Chair and Members Development and Technical Services Committee Date of Meeting: April 10, 2006 Submitted By: Robert Shamess, P. Eng. Director of Engineering Prepared By: Robert Shamess Ward(s) Involved: 1 Bridgeport Centre Date of Report: March 28, 2006 Report No.: DTS -06 -028 Subject: ROAD WIDENING 48 IRVIN STREET RECOMMENDATION: That the closure of a portion of Irvin Street, namely, Part 1 on Reference Plan 58R -8232 that was taken as a road widening as part of Zone Change Application 91/19/I/JW be approved, and that Legal Services be instructed to proceed with the preparation of the by -law, the necessary advertising in the newspaper, the conveyance of the said portion of Irvin St to the registered owner of 48 Irvin Street at no cost to the registered owner; and That during the next update of the City's Official Plan, Appendix D be revised to remove the requirement for a 20 metre right of way on Irvin Street. EXECUTIVE SUMMARY: In 1992 City Council authorized a zone change for the property known as 48 Irvin Street. As part of the zone change a road widening was required to be dedicated to the City. A by -law was subsequently passed to dedicate Part 1 as Part of Irvin Street, however, the road was never physically widened. The City no longer requires this widening. BACKGROUND: REPORT: In April of 1992 the owner of the property known as 48 Irvin Street made application for a zone change to allow for the construction of a duplex on the property. As part of the approval process the property owner was required to dedicate to the City a 3.9m widening of the road allowance across the Irvin St frontage of this property. The requirement was placed in order to allow for the future widening of Irvin St. to allow for a 20m wide right of way. In the intervening period the property owner at the time of the application has sold the property to the current owner. During the 2005 reconstruction of Irvin Street the location of the property line was brought to light as a result of the City's policy and standard procedure of replacing sanitary and water services up to the property line only. In this particular case it would have meant an additional 3.9m of piping and restoration of significant amounts of landscaping. The current property owners have contacted City Staff to enquire as to the possibility of having the property returned to their possession. In order to facilitate this matter Engineering Staff have reviewed the situation and have determined this property was the only one on Irvin St. in which the City has a road widening and that there exists little likelihood of the City widening this street. Appendix D of the City's Official Plan currently identifies Irvin Street as requiring a 20m right of way. In reviewing the current right of way and projecting out the likelihood of widening this section of roadway it is felt that there the possibility of widening Irvin Street will be extremely difficult without significant disruption to properties including requirements for a new right of way limit to pass through some buildings. It is also likely that in order to obtain additional lands for a widening the City would be required to expropriate, as there have been no other Planning Act Applications along this stretch of Irvin Street between 1992 and the present. Based on this staff are recommending that the property be returned to the possession of the current property owners. FINANCIAL IMPLICATIONS: As the property was dedicated to the City as part of a zone change application the property should be returned to the current owners at no cost. COMMUNICATIONS: The homeowners have been contacted and are amenable to this solution. CONCLUSION: As the City no longer has a need for this property, which was dedicated as part of a zone change application, it is no longer in the City's interest to retain the ownership. Robert Shamess, P. Eng. Director Engineering Services