Residents' Questionnaire regarding laneway

[David Mennier]

Folks,
 
Thanks for all of your feedback on the earlier drafts of the questionnaire.
 
Attached is the final questionnaire package, which will be distributed this weekend to all residents on the north block of Ivy/Vaughan/Putman/Bertrand.
 
Wait for the delivery of the hard copy, fill it out, and return as per instructions in the package.
 
Cheers,
_________________________
David P. Mennier
@ 87 Vaughan

[David Mennier]

The City's answers to some key questions - see below.
 
_________________________
David P. Mennier
Ottawa
 

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From: Alain.M...@ottawa.ca
To: men...@hotmail.com
CC: peter...@ottawa.ca; Taffy...@ottawa.ca
Subject: RE: Question on status of laneway: 'open' or 'closed'?
Date: Tue, 4 Dec 2012 20:42:58 +0000

Dear Mr. Mennier,

 

Please find below the answers to the questions you asked in your e-mail of December 3^rd:

 

1.  According to the City, is this laneway currently categorized as 'closed' or 'open'?
This lane is a “public highway” under the Surveys Act and other legislation. It is legally open, even if it is untravelled. There has been no formal act of closure, which entails a decision by City Council or a Judge’s Order.

2.  Has the status of this laneway ('open' or 'closed') changed in the last 5 years?

No, it has not.
 
3.  Has the new owner at 169 Ivy recently applied to change the status ('open' or 'closed') of this laneway?

No, he has not. No change in status is needed.
 
4.  If it is determined that the status of this laneway, according to the City, is 'open', is there still time for abutting owners, in the current situation (with a new permit for the new owner to allow access to the rear laneway), to apply to the City to have this laneway 'closed'?

If property owners wish to have a lane closed, they have the ability to make application. The process is described at http://ottawa.ca/en/city-hall/planning-and-development/how-develop-property/street-or-lane-closing-or-opening and the application form is on that same web page. The request is subject to Council approval.

5.  If, according to the City, it is indeed 'open', then this conflicts with the decades-long functional reality of the laneway. Do you think this contradiction between the bureaucratic and functional description of the laneway would have happened because block property owners, decades ago, failed to apply to the City to have the laneway status changed from 'open' to closed', when they started encroaching on the land?
An “open” lane can be “travelled” or “untravelled”, therefore there is no conflict. The City cannot presume intent on the part of previous owners. The process through which to close a lane has existed for several decades and many owners have availed themselves of the process over the years.

 

 

Best regards,

 

 

Alain Miguelez, mcip, rpp

Program Manager, Zoning, Intensification and Neighbourhoods |  Gestionnaire de programme, Zonage, Densification et Quartiers

Planning and Growth Management Dept. | Service de l’Urbanisme et de la Gestion de la croissance

City of Ottawa | Ville d’Ottawa

) 613.580.2424 +27617

: alain.m...@ottawa.ca  þ www.ottawa.ca

 

 

 

 

 

 

[Lynn Townsend]

I wonder how the City can abrogate it's responsibility to put in proper drainage and street lighting if this is indeed a public highway. I think if the City opens up this highway they should maintain it. I am really worried about security. It will be very easy to break into homes from the unlit back lane!

Lynn

81 Vaughan

Sent from my iPhone

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