VIII. That the matter BE COMPLETED electronically pursuant to By-law Number 3662003.
BACKGROUND:
Jon Leeper, owner of the property municipally known as 1692 Chappus Street, applied to close the 18.29m wide portion of Perth Avenue right-of way located on the north side of Chappus Street, between the lots legally described as Lots 16 and 17 on Registered Plan 560, as shown on Drawing No. CC-1743 attached as Appendix "A", and also shown on the aerial photo attached as Appendix "B".
The applicant provided the following reason for requesting the closure: "Perth was never developed."
DISCUSSION:
City of Windsor municipal records and a site visit by Planning Department staff on October 1, 2019 confirm the following information:
- The subject area of closure is grass covered and contains some sandy areas.
- The area of closure is untraveled.
The subject land is zoned Development Reserve District 1.1 (DRD1.1) by Zoning By-law 8600, and the DRD1.1 zoning permits the following uses per building lot: Existing Dwelling and any use accessory to the foregoing uses.
There are existing encroachments in the subject area of closure; the exact location of the encroachments will be determined through a survey of the subject area of closure as prepared by an Ontario Land Surveyor.
The minimum building lot size for each building lot in the DRD1.1 Zoning District is as existing (minimum lot width) and as existing (minimum lot area).
As the subject land is zoned DRD1.1, no new uses are permitted unless an application for rezoning is approved by Council.
In addition, the subject land is currently not serviced by sanitary sewers which also restricts the types of permits that can be issued for this parcel as prescribed by Zoning By-law 8600.
RISK ANALYSIS:
The recommended closure is necessary to facilitate the sale of the subject land (area of closure), which will divest the City of associated liability risks and maintenance costs.