• XV. THAT the owner of 921 Belle Isle View Boulevard BE REQUESTED to obtain a permit to maintain the driveway approach to City Standard AS-221 or AS-222, upon closure and acquisition of Part 4 as shown on Drawing No. CC-1733;

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

• XVII. 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; and

• XVIII. THAT the matter BE COMPLETED electronically pursuant to By-law Number 336-2003.

Executive Summary:

N/A

BACKGROUND:

On May 17, 2018, Mr. Glenn Murray applied to close “the alley south of Lots 5 & 6 and portion of Belle Isle View west of sidewalk abutting Lot 6” as shown on the aerial photo attached as Appendix “B”. The City’s EIS confirms that Glenn Murray and Sara Murray are owners of the property at the southwest corner of St. Rose and Belle Isle View, abutting the subject areas of closure, municipally known as 7467 St. Rose Ave.

The applicant provided the following reason for requesting the closure of the subject portion of Belle Isle View Boulevard:

“Excess easement west of sidewalk on Belle Isle View. I wish to properly landscape and properly grade the property to avoid flooding. Additionally, with the acquisition of the redundant City easement my property line will match the lot line of neighbours to the north and south on the west side of Belle Isle View. I have reviewed this request with the Engineering & Legal Departments. In the future I plan on an addition to my home and I would like ample property for coverage.”

Administration identified encroachment issues at neighbouring properties on the subject east/west alley, the abutting east/west alley closed by By-law 774A and, the abutting north/south alley closed by Town of Riverside By-law 958. It is noted that this north/south alley while closed, had not been purchased by an owner of 921 Belle Isle View Boulevard. To avoid the creation of a remnant portion of City of Windsor owned alley without direct property access, Administration is requiring the purchase of this portion of alley to be a condition of the applicant’s alley and right-of-way closure request.

In response to Administration’s concerns about creating a remnant portion of alley, the Planning Division contacted, the applicant, the owner of 7439 St. Rose Avenue and the owner of 921 Belle Isle View Boulevard to confirm that they agree in writing to purchase their respective portions of alley(s) and right-of-way should Council agree to Administration’s recommendations in this report.