Staff Report: Encroachment Agreement – 728 Meaford Avenue

Staff Report: Encroachment Agreement – 728 Meaford Avenue

Date

April 15, 2019

Department

Land Development

Subject

Encroachment Agreement – 728 Meaford Avenue

Background

The purpose of this report is to seek Council approval of a minor aerial encroachment of the roof line for the six-storey apartment building recently constructed by Iron Clad Developments Ltd.

Commentary

Iron Clad Developments has recently constructed a six-storey apartment building at 728 Meaford Avenue. At the time of occupancy a minor roof line encroachment at the very top of the building was brought to staff’s attention by the Building Survey provided by McElhanney Land Surveyors. As shown below in Figure 1.0 the new building’s roof line encroaches slightly in the south east corner of the lot.

Figure 1.0: Roof line Encroachment into Road Dedication

Although the encroachment is relatively small, any encroachment should be registered with an encroachment easement. The City does not want any responsibility or liability for the portion of privately-owned building that encroaches into the road right-of-way.

Figure 2.0: Building Certification Plan

Financial Implications

In some instances the City takes a financial bond to protect the City against costs in the future, for example to alter, remove, or maintain the structure. Staff do not anticipate that there will be any ongoing maintenance costs for the City associated with this encroachment.

All costs associated with the registration of the encroachment easement will be the responsibility of the developer.

Legal Implications

An encroachment easement is required to ensure that the property owner maintains their roof line in the City’s road right-of-way. An easement over City highway is permitted by section 35(11) of the Community Charter. These agreements are beneficial to the municipality in that the terms of the encroachment arrangement are clear and that the municipality has the right to cancel the easement if the Grantee fails to comply with its obligations. The City will also require the Grantee to indemnify the City and carry third party liability insurance at all times with the City as co-insured. The encroachment easement will run with the land and any future owner will be obligated by the same terms.

Options

That Council:

1. Direct staff to enter into an Encroachment Agreement by way of an Easement with Iron Clad Developments Ltd. for the aerial encroachment of the roof line that extends into the Meaford Avenue Road Dedication, which may be cancelled by the City in the event that a new owner of the land does not comply with the maintenance, insurance, and indemnity provisions of the easement;

OR

2. Not enter into an Encroachment Agreement with Iron Clad Developments Ltd. for the aerial encroachment of the roof line that extends into Meaford Avenue Road Dedication.

Respectfully submitted

Submitted by:
Daryl Minifie, AScT, Senior Land Development Technologist

Concurrence:
Adriana Proton, Manager of Legislative Services

Concurrence:
Matthew Baldwin, MCIP, RPP Director of Planning

Concurrence:
Chris Aubrey, Fire Chief

Concurrence:
Lorne Fletcher, Manager of Community Safety and Municipal Enforcement

Concurrence:
Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering

Concurrence:
Leah Stohmann, MCIP, RPP, Deputy Director of Planning

Concurrence:
Michael Dillabaugh, CPA, CA, Director of Finance

Concurrence:
Braden Hutchins, Director of Corporate Services

:DM