HomeMy WebLinkAboutCRPS-05-140 - Encroachment Agreement - Fenced Yard at 115 Stirling Ave. S.
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Report To:
Date of Meeting:
Submitted By:
Prepared By:
Ward(s) Involved:
Date of Report:
Report No.:
Subject:
Chairman B. Vrbanovic and
Members of Finance and Corporate Services Committee
September 26, 2005
Jennifer Sheryer
Assistant City Solicitor
Jennifer Sheryer
Assistant City Solicitor
Ward 5
September 16, 2005
CRPS-05-140
ENCROACHMENT AGREEMENT REQUEST - FENCED
YARD AT 115 STIRLING AVE. S.
RECOMMENDATION:
"That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory
to the City Solicitor, with the property owner of Lot 165, Plan 303, municipally known as 115
Stirling Ave. S., to legalize the existing encroachment of a fenced yard which encroaches
approximately 484 square feet (11' by 40') onto City property (Iron Horse Trail), more or less."
REPORT:
A request to legalize an existing encroachment of a fenced yard at the rear of 115 Stirling Ave.
S. approximately 484 square feet (11' x 40') onto City property, being the Iron Horse Trail, was
circulated to various City departments and concerns were raised by the Enforcement Division.
Community Services staff had reviewed this request and had no concerns with the location of
the existing fenced yard. From an operational standpoint, the Enforcement Division did not
have an objection to the requested encroachment agreement. However, the Enforcement
Division noted it must be recognized that this request had come forward as a result of a
complaint about the encroachment received from an area resident.
The Enforcement Division had also received complaints of other encroachments in the area and
is continuing to deal with the other affected properties. Similar requests for encroachment
agreements in the same area may come forward. Any decision rendered as a result of this
request may have implications on future requests received from this immediate area.
City Council at its regular meeting held on January 17, 2005, deferred the recommendation
contained in report #CRPS-05-011 to a future Finance and Corporate Services Committee
meeting pending a comprehensive review and report on Council's policy and procedures
concerning agreements to permit encroachments onto City owned lands. On June 27, 2005,
the encroachment policy report #CRPS-05-104 regarding encroachments was approved at
Finance and Corporate Services Committee and was approved by Council at its regular meeting
held on July 4, 2005.
FINANCIAL IMPLICATIONS:
NIA
COMMUNICATIONS:
NIA
CONCLUSION:
Finance and Corporate Services Committee approved the encroachment policy contained in
Report CRPS-05-1 04, therefore, we are bringing the matter forward to Council as directed at the
January 17, 2005 Council meeting.
JENNIFER SHERYER
Assistant City Solicitor
JS:sh
cc: L. MacDonald
P. Wetherup
S. Turner