IV. THAT The City Planner BE REQUESTED to supply the appropriate legal description, in accordance with Drawing Number. CC-1753, attached as Appendix "A".

V. THAT The City Solicitor BE REQUESTED to prepare the necessary by-law(s).

VI. THAT The Chief Administrative Officer and City Clerk BE AUTHORIZED to sign all necessary documents approved as to form and content satisfactory to the City Solicitor.

VII. THAT the matter BE COMPLETED electronically pursuant to By-law Number 366-2003.

Executive Summary:

N/A

Background:

Christopher Horovenko, owner of the property known as 4947-4949 Tecumseh Road E, applied to close that portion of the 6.10 metre wide east/west alley located on the south side of Tecumseh Road E, between Norman Road and Princess Avenue, shown on Drawing No. CC-1753, attached as Appendix "A".

The east/west alley is used for driveway access for 4915-4919 Tecumseh Road E and as driveway access and parking space serving 4947-4949 Tecumseh Road E (owned by the applicant). The portion of the alley requested for closure has been fenced off. The alley is composed of mostly gravel and contains no municipal sewers or manholes. There is an existing curb-cut serving the said alley.

Existing Alley Closure By-law 9776 and By-law 2466 abut the proposed alley closure as shown on Drawing No. CC-1753 attached as Appendix "A.

The applicant wants the alley abutting 4749-4949 Tecumseh Road E closed so he can use the alley land for a backyard.

Discussion:

Planning Department's analysis of the requested alley closures:

The first test is to determine whether the subject alley is dispensable. To make such determination the guideline attached herein as Appendix "E" would be relevant as shown below:

a. Does the subject alley serve commercial properties? The answer is YES. However, the proposed closure area has a fence installed. Commercial access can be obtained from the abutting property at 0 Tecumseh Rd E to the west of 4947-4949 Tecumseh Rd E, both properties are owned by the applicant.