b) For portions of the alley abutting lands zoned Commercial CD1.6 or
HCD1.6: $14.00 per square foot without easement and $7.00 per square foot with easements plus deed preparation fee and proportionate share of the survey costs as invoiced to The Corporation of the City of Windsor by an Ontario Land Surveyor.
- IV. THAT The City Planner BE REQUESTED to supply the appropriate legal description, in accordance with Drawing Number. CC-1738, attached as Appendix “A”.
V. THAT The City Solicitor BE REQUESTED to prepare the necessary by-law(s).
VI. 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.
VII. THAT the matter BE COMPLETED electronically pursuant to By-law Number 366-2003.
Executive Summary: N/A
Background:
Edwin Selaya, owner of the property known as 3769 Blackburn Court, applied to close that portion of the 3.66 metre wide north/south alley located west of Huron Church Road abutting properties on the east side of Blackburn Court, shown on Drawing No. CC-1738 labelled as Part 1, attached as Appendix “A”.
The north/south alley does not appear to be used and is not accessible by vehicle. The portion of the alley requested for closure has encroachments. The alley is composed of mostly grass and contains no municipal sewers or manholes. There are aerial poles and wires for utilities in the alley.
The applicant wants the alley abutting 3769 Blackburn Court closed so he can expand the side/rear yard area of his property.
The alley abuts a commercial property known as 1797 Huron Church Road and a municipally owned property to the north of the commercial property. The owner of 1797 Huron Church has made a written submission, attached as Appendix “F”.
Discussion:
Planning Division’s analysis of the requested alley closure:
The first test is to determine whether the subject alley is dispensable. To make such determination the guideline attached herein as Appendix “E” would be relevant as shown below: