Executive Summary:
N/A.
Background:
In 2018, Cesare Enterprise Inc., owners of the property known as 613 Havens Drive, submitted the initial application for closure of the triangular portion of Havens Drive R.O.W., located east of Howard Avenue, south side of Jessica Way and Havens Drive intersection, west of the property known as 613 Havens Drive and abutting Block 63, 12M-364.
In the course of the Street and Alley Closure process, the subject closure was determined to be a viable building lot. In accordance with the Disposal of Land By-Law 52-2014, viable land must be disposed of at market value and marketed for ten (10) days. Because the Real Estate Services division deemed the land viable, it is more appropriate for the Corporation of the City of Windsor to be the applicant for the subject closure. Hence, the original applicant (Cesare Enterprise Inc.) was advised to withdraw their application and fees were refunded accordingly.
Subsequently, Chris Carpenter (Coordinator, Real Estate Services) applied, on behalf of the City of Windsor, to close the triangular portion of Havens Drive right-of-way, located east of Howard Avenue, south side of Jessica Way and Havens Drive intersection, west of the property known as 613 Havens Drive, as shown on Drawing No. CC-1742 attached hereto as Appendix "A", and also shown on the aerial photo attached hereto as Appendix "B".
The applicant (City of Windsor) provided the following reason for requesting the closure: "To sell as a building lot."
By-Law 52-2014 establishes a policy for the disposal of land. Section 5.1.2 of Schedule "A" attached to By-Law 52-2014 requires that City-owned lands be declared surplus and that Administration seek authority to sell those lands.
Notification of the intention to declare Land surplus and the authority to offer the Surplus Land for sale will be printed in the "Civic Corner" of the Windsor Star as required by Section 5.1.2 of Schedule "A" attached to By-Law 52-2014.
Discussion:
City of Windsor municipal records and a July 11, 2019 site visit by Planning Department staff confirm the following information:
- The subject area of closure is grass covered and contains some sandy areas.
- The area of closure is untraveled.
- A 0.3m land reserve described as Block 63 on Plan 12M-364, abuts the south and east limits of the subject area of closure.
- Ministry of Transportation Assumed Lands, which include a water retention pond, lies south of the subject area of closure with a 0.3m separation from the subject area of closure.