Council approves sale of Dundas alley previously opposed by residents

A public alley in Dundas will be partially closed and sold to the owner of an adjacent lot.

On June 27, Hamilton council passed a bylaw officially closing the southern section of the alley between Alma and Victoria streets, and directing sale of the property to an adjacent Sydenham Street homeowner.

Some people had been vocal in their opposition to the sale. The bylaw takes effect when it is registered on title by the City of Hamilton.

On May 29, a superior court judge’s order was issued directing the alley closure. The order had not been appealed as of June 26, according to a spokesperson for the attorney general. There was a window of 30 days following the order for anyone affected by the order to appeal. The order was filed on title with the land registry office on June 6.

Before Wednesday night’s council meeting, city solicitor Paul Lawson said if the bylaw passed, “we would expect the transaction to close shortly thereafter.”

Lawson said he was unaware of any appeals of the court order.

Formal council approval to close and sell the alley portion to 63 Sydenham St. owner Len Medeiros comes almost exactly one year after the public works committee and city council voted to approve a staff recommendation to close and sell a southern portion of the alley where it meets Victoria Street. About 31 people spoke in opposition to the sale at the public meeting.

A staff report to the public works committee stated that neighbours abutting the alley, who use it to access parking, supported or were indifferent to the sale. A condition of the transfer is maintaining access for those neighbours who need it.

“While there has been considerable interest from residents, both in support and in opposition to the alleyway sale, the proposed sale is consistent with the city’s practice,” the report stated.

The property at 63 Sydenham is currently listed for sale at $2.3 million.

Another condition of the alley portion sale is Medeiros applying for a retroactive heritage permit for previous paving of a southern portion of the alley — at Victoria Street — that falls within the Cross-Melville Heritage District.

City staff is reviewing a request to close and sell the north portion of the same alley to another adjacent property owner.