DocumentsStaff ReportApr 18, 2016Pages 30–32
Staff Report – Grand Forest Close License to Occupy (Paul Goudy & Elizabeth Peters)
Request to enter into a License to Occupy with applicants to allow installation and maintenance of decorative pillars in Grand Forest Close road right-of-way, with conditions for security and Bylaw 33 permit.
Key facts
- Applicants: Paul Goudy and Elizabeth Peters (represented by Jared Steingard)
- Location: Grand Forest Close (pillars marking 'South Ridge Plateau')
- Recommendation: Enter into License to Occupy prepared by licensee's solicitor, require security equivalent to value of replacing/removing pillars, and require Bylaw 33 permit for installation
- Financial implication: No cost to City; licensee to maintain pillars
Staff Report – Grand Forest Close License to Occupy (Paul Goudy & Elizabeth Peters)
Date: 18/04/2016
Department: Land Development
Subject: Grand Forest Close License to Occupy with Paul Goudy and Elizabeth Peters
Background
Jared Steingard, on behalf of Paul Goudy and Elizabeth Peters, has applied for a Bylaw 33 Permit to install pillars in the road right of way of Grand Forest Close. A Bylaw 33 permit is only valid for one year and therefore for permanent structures Staff seek a License to Occupy. Similar installations have been damaged by vandalism and motor vehicle incidents. Council may wish the applicants to enter into a License to Occupy such that the Licensee retains ownership of the pillars and the maintenance obligation. A Bylaw 33 permit would still be required for the installation of the works.
Commentary
The pillars as shown in Figure 1 below show a name plate that would designate the neighbourhood as “South Ridge Plateau.”
Proposed Pillar Locations
The proposed location is shown in Figure 2 below.
Financial Implications
There are no financial implications related to the License to Occupy the subject road right of way. The Licensees’ solicitor can prepare the License to the satisfaction of the Director of Engineering. The License to Occupy would require the Licensees to maintain the pillars. Council may require the Licensee to provide sufficient security equivalent to the replacement or removal of the pillars to be held for the duration of the License.
Legal Implications
The License to Occupy Agreement must grant the Licensee the right to install, maintain and remove the improvements. It should define the location of the works and the term of the agreement. The License must release the City from liability.
Options
That Council:
- Enter into a License to Occupy Agreement with Paul Goudy and Elizabeth Peters prepared by the Licensees’ solicitor to the satisfaction of the Director of Engineering to facilitate the construction of pillars in the road right of way of Grand Forest Close subject to the approval of a Bylaw 33 permit;
AND
- Require the Licensee to provide a security equivalent to the value of replacing or removing the pillars for the duration of the Agreement.
OR
- Not enter into a License to Occupy Agreement with Paul Goudy and Elizabeth Peters at this time.
Respectfully Submitted,
Submitted by:
James Oliver
Concurrence:
Matthew Baldwin, MCIP, RPP Director of Planning
Concurrence:
Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering
Concurrence:
Brent Molnar, Manager of Land Development
Concurrence:
Steve Ternent, Director of Finance
Concurrence:
Jim Bowden, Chief Administrative Officer
:JO