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HomeMy WebLinkAboutCRPS-07-124 - Encroachment Agreement - Existing Driveway Entrance for 248 Stirling Ave S on Iron Horse Trail ) I(mclm::>R Services Report To: Date of Meeting: Submitted By: Mayor and Members of Council September 17, 2007 Fiona McCrea Assistant City Solicitor Prepared By: Fiona McCrea Assistant City Solicitor Ward(s) Involved: Date of Report: Report No.: Subject: Ward 6 September 12, 2007 CRPS-07 -124 ENCROACHMENT AGREEMENT REQUEST - EXISTING ENCROACHMENT ON IRON HORSE TRAIL OF DRIVEWAY ENTRANCE FOR 248 STIRLING AVE S RECOMMENDATION: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the owner of the property municipally known as 248 Stirling Ave. S. (PIN 22505-0019), to legalize a driveway entrance which extends 5.2 square metres, more or less, onto the Iron Horse Trail." REPORT: Development and Technical Services has approved site plan application DP07/28/S/SR in principle on July 23, 2007. A condition of the site plan approval is to obtain an encroachment agreement from the City for the portion of the driveway entrance on Courtland Avenue South that encroaches onto City lands being the Iron Horse Trail. A further condition is to reconstruct the existing access to Courtland Ave. to a right-in only access as was originally intended when the site was constructed many years ago. The right-in only access has been approved by The Regional Municipality of Waterloo as Courtland Ave. is a regional road. The existing entrance has been in existence for over 25 years. The proposed reconfiguration of the driveway entrance to make the entrance right-in only will actually result in a lesser encroachment onto the Iron Horse Trail. Portions of existing asphalt areas will be removed and sodded as illustrated in the attached entrance construction detail. The current entrance encroachment is approximately 7.9 sq.m, as shown on the attached aerial photo, and, with the reconfiguration, the entrance encroachment will be reduced to approximately 5.2 sq.m as shown on the attached sketch. CONCLUSION: The appropriate staff has reviewed this request and has no concerns with entering into an encroachment agreement with the property owner of 248 Stirling Ave. S. for the purposes of legalizing the portion of the driveway entrance encroaching onto the Iron Horse Trail. FIONA M. McCREA Assistant City Solicitor FMM:sh Attach. PRINT: GeneralMap GeneralMap Disclaimer: The City of Kitchener assumes no responsibility for any errors, and is not liable for any damages of any kind resulting from the use of, or reliance on, the information contained in this document. The City of Kitchener does not make any representations or warranty, express or implied, concerning the accuracy, quality, likely results or reliability of the use of the information contained in this document. . Comments: . 2004 The Corporation of the City of Kitchener http:// cokonpappl onpointpro5 0581 onpoint Page 1 of 1 9/13/2007