Consultations:

Consultations were held with Municipal Departments and Utility Companies, which resulted in the information found in attached Appendix "C".

There were no objections from the municipal departments and utility companies for the requested alley closure. Windsor Police noted that while they had no objections to the closure of the subject right-of-way; however, they note that if the closure is approved, the erection of opaque fences by the owner which would restrict available sight lines into the retention pond space is not recommended. Steel picket or chain link style fence is recommended.

Based on the comments received from Enwin Utilities Ltd., an easement is to be granted to Enwin Utilities Ltd., over the underground hydro distribution running through the subject right-of-way at the westerly side of the area of closure.

Note that required easements shall remain unencumbered in perpetuity by any building or other structure, but this shall not prevent the Transferor from paving and parking on the said lands.

Public Works suggests, in their comment found in Appendix C, that a 0.3m (1ft) reserve be maintained to protect the Canada Post mailboxes. This request has resulted in the recommendation for a 40-metre long land reserve shown as PART 2 on Drawing No. CC-1742, attached as Appendix A to this report.

Notice of Development & Heritage Standing Committee meetings and Council meetings are published in the Windsor Star prior to each of the meetings. In addition, notice of each of the public meetings will be mailed to the abutting/affected property owners prior to the meetings.

Conclusion:

The applicant's request for closure of the triangular portion of Havens Drive right-of-way has been reviewed and approval is recommended, subject to (i) easement, (ii) MTO Permit, and (iii) Restrictive covenant, as noted in this report.

Declaring the subject parcel surplus, and authorizing the Manager of Real Estate Services to negotiate a sale for same, will allow for the orderly disposition of the Surplus Land(s), which is not required for any municipal purpose.

Planning Act Matters:

N/A