HomeMy WebLinkAboutCRPS-08-150 - Fees for Encroachments on Road AllowancesI L REPORT 74
Report To: Finance and Corporate Services Committee
Date of Meeting: September 29, 2008
Submitted By: Troy Speck, General Manager of Corporate Services
Prepared By: Shayne Turner, Director of By-law Enforcement
Ward(s) Involved: All
Date of Report: September 24, 2008
Report No.: CRPS-08-150
Subject: FEES FOR ENCROACHMENTS ON ROAD ALLOWANCES
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That, notwithstanding the resolution adopted by Council on June 23, 2008, regarding an annual
fee for encroachment agreements, pursuant to Report CRPS-08-093, the annual encroachment
fee will not apply to existing and future agreements relating to encroachments on City road
allowances.
Council, on June 23, 2008, adopted a resolution to apply an annual fee for encroachment
agreements on property under the jurisdiction of the City.
As a result of concerns expressed from residents, Councillor Christina Weylie has requested
that staff prepare a report with regard to the issue of applying the annual fee for encroachments
on road allowances.
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Staff have reviewed this issue and advise that the exempting the fee for encroachment
agreements relating to road allowances has merit, for the following reasons:
1. The City places an expectation on property owners to provide a degree of
maintenance on the road allowance area abutting their private property;
2. For all intents and purposes, the road allowance abutting private property is used
primarily by the abutting private property owner and as encroachment will not
exclude any normal users of the land. This is different from parkland which is
intended to be accessed and used by all.
3. Encroachments on road allowances typically relate to landscaping or structures such
as fences and retaining walls, maintenance of which should remain with the abutting
property owner.
This decision will not affect encroachment agreements relating to parkland, where typically
encroachments have more of an impact on the general public by restricting the use of the
affected parkland area.
The decision will impact some of the applicants for an exemption to the corner lot fence
provisions of Chapter 630 (Fences). It has come to staff's attention that some of these corner
lot fences encroach on to the City's property and would be subject to the current annual
encroachment fee if properly legalized.
Pursuant to Report CRPS-08-093, staff are undertaking a review of encroachment agreements
approved prior to June 23, 2008, and will be reporting back to Council with regard to the issue of
applying the annual fee to those agreements. In the event that Council adopts the
recommendation of this report, all existing agreements relating to road allowances will not be
subject to an annual fee in the event that it is resolved to apply the fee to all agreements in
place prior to June 23, 2008. Applications for encroachment agreements pertaining to road
allowances will remain subject to the encroachment agreement application fee.
FINANCIAL IMPLICATIONS:
None identified at this time.
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Staff are recommending that the annual fee pursuant to encroachment agreements not apply to
approved agreements relating to encroachments on road allowances under the jurisdiction of
the City.
Shayne Turner
Director, By -law Enforcement