The subject portion of North Terminal Road is comprised of gravel and grass. There are municipal sewers, a manhole, hydro poles with guy wires, anchors and a 347/600V secondary distribution line in the requested closure. There are existing encroachments on the portions of North Terminal Road labelled as “Part 1” and “Part 2” on Drawing No. CC-1751B.
The applicant provided the following reason for the requested closure: To eliminate vandalism, pedestrian traffic and illegal dumping.
Discussion:
The Development Reserve District DRD1.1 zoning permits the following uses per building lot: Existing Dwelling and any use accessory to the foregoing uses. The minimum building lot size for each building lot in the Development Reserve District DRD1.1 Zoning District is as existing (minimum lot width) and as existing (minimum lot area). An existing dwelling and accessory uses exist in the Development Reserve District DRD1.1 Zoned portion of both abutting properties to the proposed closure.
There are existing encroachments in the subject area of closure. The exact location of the encroachments will be determined through a survey of the subject area of closure as prepared by an Ontario Land Surveyor.
On the portion of the subject land zoned Development Reserve District DRD1.1, no new uses are permitted unless an application for rezoning is approved by Council.
In analysing the requested closures, the first test is to determine whether the subject alley is dispensable or not. To make such determination the guideline attached herein as Appendix ‘ E ’ would be relevant as shown below:
-
Does the subject alley serve commercial properties ? The answer is NO .
-
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 YES.
-
There are municipal sewers and a manhole in the subject right-of-way. Access for ongoing maintenance of the sewers makes the portion of the right-of-way labelled as “Part 2” on Drawing No. CC -1751B indispensable.
-
-
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 NO .
-
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.