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HomeMy WebLinkAboutCRPS-09-100 - Encroachment Agmt - 38 Francis St SREPORT T0: Committee of the Whole DATE OF MEETING: June 29, 2009 SUBMITTED BY: Jennifer Sheryer, Assistant City Solicitor PREPARED BY: Sherry Handsor, Legal Secretary WARD(S) INVOLVED: 6 DATE OF REPORT: June 24, 2009 REPORT NO.: CRPS-09-100 SUBJECT: ENCROACHMENT AGREEMENT REQUEST- 38 FRANCIS STS -PROPOSED AWNING OVER FRANCIS ST S ROAD ALLOWANCE RECOMMENDATION: "That, subject to obtaining all necessary staff approvals, the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner(s) and any mortgagee(s) of the property municipally known as 38 Francis St. S. (PIN 22426-0067 LT) to legalize a proposed awning which will encroach approximately .843m, more or less, over the Francis St. S. road allowance." BACKGROUND: The property owner of 38 Francis St. S. has been awarded a grant through the Downtown Facade Improvement Program in 2009. A tenant, Little Tot Spot, located at 38 Francis St. S. (Lang Tannery building) would like to install an awning over the business entrance. REPORT: A request has been submitted on behalf of the tenant, Little Tot Spot, located at 38 Francis St. S. for the installation of an awning over the business entrance. The property owner of 38 Francis St. S. has been awarded a grant through the Downtown Facade Improvement Program in 2009. As part of the grant process, the Downtown Financial Incentives Review Team has reviewed and approved the design of the proposed awning, as it meets the intent of the Warehouse District design policies. The proposed awning is 4.291m long and encroaches approximately .843m over the Francis St. S. road allowance. The awning is located 2.478m high off of the sidewalk. Attached is a sketch illustrating the location and dimensions of the proposed awning. Due to timing of Council meetings, this matter is being brought to Council in advance of obtaining all necessary staff approvals. 7-1 FINANCIAL IMPLICATIONS: N/A CONCLUSION: Once all appropriate staff reviews and approvals have been obtained, it would be in order to authorize the execution of an encroachment agreement with the owner(s) and any mortgagee(s) of 38 Francis St. S. ACKNOWLEDGED BY: Lesley MacDonald, Director of Legal Services and City Solicitor 7-2 I a\am~e lerq rernery In tlnnn ta~t\aal~\cn.M\7Ea7E - Aal EMMIaeKt.le4 mawaa-n a+eo~ ~,,;,, I~...~_1_ -...,:::....~, s ~A ~~ ' ~ _F liar ~ b F ~~~ ~~~z ~~~ ~ ~~ p~ I ~ ~ I ~~~~ ~ ~ ~~ a & a S I it ~; oU~ -r1 ~ I ~ N ~ _ I ate' ~~~ ~ ~ I I ~~ ~-~ - ~~ -u ~~ m 1:50 08076 D 121. ~,arles ~ ... ...~ In~~' . ~ Lang Tannery a.u rn K(tchener, Ontario ', for Cadan Inc. 0 ~ ° An eeii REVISION RECORD ff a ISSUE RECORD 12 mercer street leveE 4 a tOrpfltp °ntarb.ca++ada..{nsvlh3 ewe Nate: Tr1s treMg 6 ae McPert1 d tlx AgYfkt end nvy net h ~aAnd a ueetl xN/at tM e~esrnd m+tent of the M71oe~t. 7M [pereaae is lepom6k la tlnrlYtg aiE refe4iq el k+•k ad M1NLMaC end sN1 npM at AeaeD+adesblNe hrd~[cR eed attaMi eNeM¢IlonpWro~nnia,~q wae, www.rawdesign.ca 7