HomeMy WebLinkAboutCRPS-09-151 - Amendment to Chapter 842 (Hedges) of the City's Municipal Code, 28 Waterloo StJ
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CorporQte Services
Report To: Finance and Corporate Services Committee
Date of Meeting: December 7, 2009
Submitted By: Jennifer Sheryer
Prepared By: Jennifer Sheryer
Ward(s) Involved: Bridgeport-Centre Ward - 1
Date of Report: November 27, 2009
Report No.: CRPS-09-151
Subject: 28 WATERLOO STREET - CH 842 (HEDGES) EXEMPTION
RECOMMENDATION:
"That the property located at 28 Waterloo Street be partially exempted from Chapter 842
of The City of Kitchener Municipal Code (Hedges) as set out in CRPS-09-151.
BACKGROUND:
Staff recently negotiated an encroachment agreement with the property owners 28 Waterloo
Street. A satisfactory agreement has been reached, subject to Council's approval of this
exemption request.
Over the course of the encroachment agreement process it came to staff's attention that the
house located at 28 Waterloo Street is situated fairly high on the property relative to the grade of
the abutting road allowance. Although the road allowance width is consistent with similar roads,
the property enjoys a greater than normal portion of road allowance between the property line
and the sidewalk. Additionally, the property is a corner lot located near the downtown area and
has been subjected to unwelcome pedestrian traffic. These unique characteristics of the
property make compliance with the current provisions of the Hedges by-law onerous.
REPORT:
Transportation planning staff attended at the property to assess safety requirements as set out
in the City's Hedges by-law. The property is a corner lot and the abutting intersection is
controlled by a four way stop. Strict compliance with the ordinary provisions of this by-law
would require the property owners to significantly lower approximately 80 feet of the
encroaching retaining wall, to re-grade a large portion of their property and cut down or remove
limbs from trees that have existed on the property for many years. Transportation planning
staff believes that the proposed partial exemption could be made to the Hedges by-law for this
particular property without compromising safety.
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It is proposed that Council approve a partial exemption from the Hedges by-law for 28 Waterloo
Street on the following terms:
• Given the location of the sidewalks on Breithaupt St. and Waterloo St. within the road
allowance relative to current road design specifications, the 7.5 metre corner visibility
triangle at the intersection of Breithaupt St. and Waterloo St. shall be measured from the
back edge of the sidewalk rather than the property line.
• The height of the wall within the 7.5 metre corner visibility triangle at the Breithaupt St.-
Waterloo St. intersection shall be limited to 1.0 metre as measured from the
pavementlgutter of the abutting streets (0.85 metres as measured from the existing
sidewalk level. The gutter is noted in this case because the final top coat of asphalt on
Breithaupt St. has not yet been completed.
• The height of the wall within the 4.57 metre driveway visibility triangle of the adjacent
property at 60 Breithaupt St. is limited to 1.0 metre as measured from the grade of the
driveway.
• The property behind the wall is to be graded gradually back from the top of the wall
toward the house.
• The bottom branches of the tree located at the front corner of the property should be
trimmed up approximately 0.6 metres within the corner visibility triangle.
• In recognition of the varying thickness of the stones used in the wall and the practical
aspect of attaining an even finished top course of stones, a reasonable amount of
flexibility in the above mentioned finished heights (generally within a few inches) may be
permitted at the discretion of the Director of Transportation Planning or his designate.
• That this exemption be subject to the property owners at 28 Waterloo Street maintaining
any required encroachment agreement for any structures encroaching on City property;
and
• That this exemption may be revoked in whole or in part by Council at any time and for
any reason upon 90 days' notice to the property owners or immediately in a situation
where the Director of Transportation Planning or his/her designate believes a safety
hazard exists due to such exemption or any portion thereof even if such hazard has
been created by the City (i.e. future road widening etc.).
FINANCIAL IMPLICATIONS:
None.
COMMUNICATIONS:
A copy of this report has been circulated to the property owners at 28 Waterloo Street.
CONCLUSION:
Staff request that the exemption to the Hedges by-law as outlined in this report be granted
respecting the property municipally known as 28 Waterloo Street.
ACKNOWLEDGED BY: Lesley MacDonald, Director of Legal Services
and City Solicitor
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