HomeMy WebLinkAboutCRPS-08-068 - Encroachment Agreement - Existing Fence at 78 Harber Ave 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-08-068
ENCROACHMENT AGREEMENT REQUEST - EXISTING
FENCE AT 78 HARBER AVE ON CITY'S ROAD
ALLOW ANCE
RECOMMENDATION:
"That subject to a portion of the 5'3" high fence located in the driveway visibility triangle
being removed or reduced to a height of 3' to be brought into compliance with Chapters
630 and 842 of The City of Kitchener Municipal Code; and further,
That subject to obtaining minor variance approval for an exemption from Chapter 630
(Fences) of The City of Kitchener Municipal Code for the remaining portion of the
existing 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 78 Harber Ave. (PIN 22584-0138), to legalize the existing 2'6" high fence which
encroaches approximately 3', more or less, onto the Byron Ave. road allowance for a
length of approximately 25.26', more or less, and to legalize the existing 5'3" high fence
which encroaches approximately 3', more or less, onto the Byron Ave. road allowance for
a length of approximately 71.83', more or less."
REPORT:
The current owners of 78 Harber Ave. 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 78 Harber Ave. have owned the property for 42 years and the subject
fence was located in its current location at the time of purchase. The fence is wood with
postholes approximately 3' in depth which are not cemented. A drawing illustrating the
encroachment is attached.
Staff support entering into an encroachment agreement with the property owners upon certain
conditions 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 5'3" high fence. Transportation Planning, with agreement from Planning Services
and the Enforcement Division, has identified a portion of the 5'3" high fence as a sight
obstruction as it is located in the driveway visibility triangle, therefore, the fence requires
remediation prior to entering an encroachment agreement. It will be a condition of the
encroachment agreement that the fences be maintained to ensure that they do not create an
obstruction within the driveway visibility triangle.
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 78 Harber
Ave. for the purpose of allowing the existing fences 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 5'3" high fence located in the driveway visibility
triangle is brought into compliance with Chapters 630 and 842 of The City of Kitchener
Municipal Code.
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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