Appendix “B” shows that the connecting north/south alley that runs parallel to Marentette Avenue and Louis Avenue as well as the southerly connection to the north/south alley between Marentette Avenue and Louis Avenue are obstructed by several large trees.
The applicant is requesting closure of the alley and conveyance of the full width to increase the rear yard size, create a driveway and eliminate pests and vermin.
Discussion:
In analysing the requested closures, the first test is to determine whether the subject east/west alley is dispensable or not. To make such determination the guideline attached herein as Appendix “E” would be relevant as shown below:
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Does the subject alley serve commercial properties? The answer is NO.
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Does the subject alley serve properties fronting on heavily traveled streets i.e. major arterial routes? The answer is NO.
- Does the subject alley contain sewers? The answer is NO.
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Does the subject alley serve as the only vehicular means of access to rear parking areas and garages where the property has insufficient lot width for a side drive? The answer is YES.
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The alley is used as a garage access for 723 Vimy Avenue. The west end of the alley is blocked by a fence west of 723 Vimy Avenue and encroachments. The connecting north/south alley between Marentette Avenue and Louis Avenue is not accessible by vehicles due to large trees.
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Does the subject alley contain Fire Department connections that are deemed to be necessary for firefighting access? The answer is NO. The Windsor Fire & Rescue Services has no concern.
By virtue of a YES response in question “d” above, the subject alley would be d eemed indispensable; therefore, not suitable for closure.
A telephone conversation with the owner of 723 Vimy Avenue confirmed that the alley is used daily to access the garage at the rear of their property.
Based on the above discussion, it is appropriate to recommend against the requested closure.
Risk Analysis:
Denying the applicant’s request poses no new risk to The Corporation of the City of Windsor. All existing liabilities remain as is.