that the alley can only be accessed from the abutting properties on Amy Lynn Park Drive and the right-of-way can only be accessed from 2158 Amy Lynn Park Drive. Photos from the site visit are included in Appendix ‘D’.

The Parks Department has confirmed that it does not require the northern half of the alley nor right-of-way abutting Spring Garden Park which means that this portion of the alley and right-of-way could be conveyed to the applicants. Additionally, the Parks Department requests as a condition of conveyance that the applicants install non-permeable fences where no fence already exists to deter further encroachment into the City-owned Spring Garden Natural Area.

There is a 4.24 metre by 2.25 metre portion of the Sixth Street right-of-way shown as “Part 3” on Drawing No. CC-1766. This portion of land is zoned Green District GD1.4, abuts 2152 Amy Lynn Park Drive to the south and east and is separated by a chain link fence as described in Plan 12R-26154. The Sixth Street right-of-way north of the aforementioned “Part 3” was closed by By-law 11209 and remains in City of Windsor ownership. In the Spring Garden Natural Area to the north of the Sixth Street right-of-way there are Provincially Significant Wetlands and throughout the Spring Garden Natural Area there are Species at Risk at undisclosed locations. It will be difficult and costly to rezone and develop these lands based on the natural heritage features and small size of “Part 3” and previously closed portion of the Sixth Street right-of-way.

It is important to note that upon closure, alleys within the City of Windsor are typically divided into parcels along the centreline of the closed alley in order to equitably convey the alley to each abutting property owner. However, where there are existing encroachments or other obstructions, the alley may be divided partially or in other ways to address such situations in a manner deemed appropriate by the City Planner. A topographic survey would be a necessary tool to use in determining the appropriate manner of conveyance. The goal is to provide each abutting property owner the opportunity to acquire a portion of the closed alley. In the case of this portion of alley, the abutting property owner is the City of Windsor.

The recommendations are to close and convey the full width of the alley “Part 1” to the applicants, to close and convey the open portion of the Sixth Street right-of-way “Part 2” to the owner of 2158 Amy Lynn Park Drive and to close the remnant 4.24 metre by 2.25 metre portion of the Sixth Street right-of-way “Part 3” and retain ownership by the City of Windsor.

Risk Analysis:

The recommended closure will divest the City of associated liability risks and maintenance costs. The recommended closure poses no known risk to The Corporation of the City of Windsor.

Financial Matters:

For alleys abutting lands zoned Residential RD1.1 and Green District GD1.4, $1.00, plus deed preparation, plus proportionate survey costs as invoiced to The Corporation of the City of Windsor by an Ontario Land Surveyor.