HomeMy WebLinkAboutCRPS-08-067 - Encroachment Agreement - Existing Fence at 1774 Old Mill Rd on City's Road Allowance
Report To:
Date of Meeting:
Submitted By:
Prepared By:
Ward(s) Involved:
Date of Report:
Report No.:
Subject:
Mayor and Members of Council
May 5, 2008
Jennifer Sheryer, Assistant City Solicitor
Jennifer Sheryer, Assistant City Solicitor
Ward 3
April 29,2008
CRPS-08-067
ENCROACHMENT AGREEMENT REQUEST - EXISTING
FENCE AT 1774 OLD MILL RD ON CITY'S ROAD
ALLOW ANCE
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 6' fence; and further,
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 1774 Old Mill Rd. (PIN 22733-0023), to legalize the existing 6' high fence which
encroaches approximately .65', more or less, onto the Roos St. road allowance for a
length of approximately 90', more or less."
REPORT:
The current owners of 1774 Old Mill Rd. received a letter from the City as their property is a
corner lot and was included in the mass mailing to corner lot property owners whose fences are
currently not in compliance with the City's fence by-law. They have submitted their application
to obtain minor variance approval for an exemption from Chapter 630 (Fences) to Planning
Services. The fence encroachment was identified as part of this process.
The property owners of 1774 Old Mill Rd. would like to legalize the existing fence located on the
Roos St. road allowance. The wooden fence was in existence prior to May 1993. A drawing
illustrating the encroachment is attached.
Staff support entering into an encroachment agreement with the property owners upon the
following condition being satisfied. Planning Services requires that minor variance approval for
an exemption from Chapter 630 (Fences) of The City of Kitchener Municipal Code be obtained
for the existing 6' high fence.
This encroachment request has also been circulated to all outside utilities companies that may
have current or future utilities located in the City's road allowance. No concerns from these
companies have been identified.
CONCLUSION:
The appropriate staff and outside utility companies have reviewed this request and have no
concerns with entering into an encroachment agreement with the property owners of 1774 Old
Mill Rd. for the purpose of allowing the existing fence 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.
JENNIFER SHERYER
Assistant City Solicitor
JS:sh
Attach.
cc: S. Rice
J. vonWesterholt
K. Mayer
S. Turner
G. Hummel
D. Kerr
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(YVEST Rlo-tAOND STREET. REG. PLAN 578)
THIS PL.AN tJlJST BE READ IN CC*UJNCTION WlTH
SURVEY REPORT DATED: MAY 17~ 1993
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THIS REPORT WAS PREPARED FOR: MORTY MOLEN
CAlvPBELL wYtvtA.N ^~ LIMITED ACCEPTS NO RESP'
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