HomeMy WebLinkAboutCRPS-08-031 - Encroachment Agreement - Existing Fence, Patio and Landscaping at 48 Sheldon Ave N
Report To:
Date of Meeting:
Submitted By:
Prepared By:
Ward(s) Involved:
Date of Report:
Report No.:
Subject:
Mayor and Members of Council
February 25, 2008
Jennifer Sheryer, Assistant City Solicitor
Jennifer Sheryer, Assistant City Solicitor
Ward 1
February 19, 2008
CRPS-08-031
ENCROACHMENT AGREEMENT REQUEST - EXISTING
FENCE, PATIO AND LANDSCAPING AT 48 SHELDON AVE
N. ON CITY'S ROAD ALLOWANCE
RECOMMENDATION:
"That subject to obtaining minor variance approval for an exemption from Chapter 630
(Fences) of The City of Kitchener Municipal Code for the existing 1.5 metre high fence;
and further,
That subject to the trees located in the corner visibility triangle and driveway visibility
triangle being trimmed to the point where the bottom of the canopy is a minimum height
of 2.0 metres from the ground;
That the Mayor and Clerk be authorized to execute an Encroachment Agreement,
satisfactory to the City Solicitor, with the property owner(s) of the property municipally
known as 48 Sheldon Dr. (PIN 22577-0022), to legalize the existing fence, patio and
landscaping which encroach approximately 2.53 metres into the City's road allowance,
more or less, for a length of approximately 12.19 metres, more or less."
REPORT:
The property owners of 48 Sheldon Ave. N. recently purchased the property but they were not
aware that the existing patio and fence were located on the City's Rosedale Ave. road
allowance. The patio is 5.38 metres in width and extends approximately 2.53 metres into the
road allowance for a length of approximately 12.19 metres. The patio consists of flagstone,
wooden planking, a cement walkway, and landscaping/gardens. The patio is enclosed on three
sides with a 1.5 metre tall wooden fence. There are also several evergreen trees located on the
City's road allowance.
Staff support entering into an encroachment agreement with the property owners upon certain
conditions being satisfied. Planning Services require that minor variance approval for an
exemption from Chapter 630 (Fences) of The City of Kitchener Municipal Code be obtained for
the existing 1.5 metre high fence. Transportation Planning, with agreement from Planning
Services, Engineering Services and the Operations Division, identified two sight obstructions in
the visibility triangles requiring remediation prior to entering an encroachment agreement. One
of the property owners has confirmed that they are in the process of eliminating these sight
obstructions. It will be a condition of the encroachment agreement that the encroaching trees
be maintained to ensure that branches do not create an obstruction within the driveway and
corner visibility triangles.
CONCLUSION:
The appropriate staff has reviewed this request and has no concerns with entering into an
encroachment agreement with the property owners of 48 Sheldon Ave. N. for the purpose of
allowing the existing fence, patio and landscaping located on the City's road allowance,
provided a minor variance approval for an exemption from Chapter 630 (Fences) of The City of
Kitchener Municipal Code is obtained and the trees located in the corner visibility triangle and
driveway visibility triangle remain trimmed to the point where the bottom of the canopy is a
minimum height of 2.0 metres from the ground.
JENNIFER SHERYER
Assistant City Solicitor
JS:sh
Attach.
cc: S. Rice
J. vonWesterholt
K. Mayer
S. Turner
G. Hummel
D. Kerr