HomeMy WebLinkAboutCRPS-08-166 - Encroachment Agreement - Fence and Retaining Wall at 32 Guelph St on City Road Allowance1
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Corporate Services
REPORT
Report To: Mayor and Members of Council
Date of Meeting:
Submitted By:
Prepared By:
Ward(s) Involved:
Date of Report:
Report No.:
October 6, 2008
Jennifer Sheryer, Assistant City Solicitor
Jennifer Sheryer, Assistant City Solicitor
Ward 1
October 1, 2008
CRPS-08-166
Subject: ENCROACHMENT AGREEMENT REQUEST -EXISTING
FENCE AND RETAINING WALL AT 32 GUELPH ST 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 6' 2" fence, 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 32 Guelph St.
(PIN 22330-0147 LT), to legalize the retaining wall and the existing 6' 2" high wooden
fence built primarily upon the 2' 8" high wooden retaining wall which together encroach
approximately 12' 3", more or less, onto the Dekay St. road allowance."
REPORT:
The owners of 32 Guelph St. received a letter from the City as the property is a corner lot and
was included in the mass mailing to corner lot property owners whose fences were not in
compliance with the City's fence by-law. The owners had submitted an 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.
There is currently a 6' 2" high wooden fence running for a length of approximately 31' 7" along
the sidewalk on the Dekay St. side of the property. The fence is primarily built on top of a 2' 8"
high wooden retaining wall. The fence and retaining wall encroach approximately 12' 3" onto
the Dekay St. road allowance. A drawing illustrating the encroachment is attached.
Staff support entering into an encroachment agreement with the property owner 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' 2"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 owner of 32 Guelph
St. for the purpose of allowing the existing fence and retaining wall 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 for the existing fence.
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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