Temporary encroachment agreement approved for Thorold Rd. homeowner
City of Welland willing to work with resident
Welland will work with a Thorold Road homeowner on an in-perpetuity encroachment agreement to accommodate the sale of his home.
Wolfgang Guembel was before city council last week to ask the municipality to sell him a piece of piece of property that encroaches on the Douglas Avenue road allowance. His home sits on the northeast corner of the intersection.
A report from city staff said the home extends about 0.25 metres into the road allowance, while a fence and patio area extend roughly 2.2 metres into it.
Guembel told council when he and his wife purchased the home in 2011 they were unaware it encroached on city property. It was only after renovating the home and getting it ready to put on the market that they found out there was an issue.
At last week’s meeting, he said if the city couldn’t sell him the piece of property, he’d be happy with an in-perpetuity encroachment agreement and the exclusion of $5 million cross-liability insurance with the city.
Staff was asked to come back with a report at that meeting.
Tuesday night, Erik Nickel, Welland’s general manager of infrastructure services/, said the request was reviewed and the city was prepared to work on an
in-perpetuity encroachment agreement. Until that was completed, he said the city would put a temporary agreement in place.
The staff report was passed in block, without being isolated from the council agenda for discussion.
But Ward 4 Tony DiMarco asked if there was any way council could overlook that and bring it back so he could speak to it.
“I overlooked it,” said DiMarco, as the report was a last-minute addition to the agenda.
Mayor Frank Campion said while he sympathized with DiMarco, the report had already been passed.
“I think it will satisfy him,” he said of the report in relation to Guembel.
Ward 4. Coun. Pat Chiocchio asked if the report had been discussed with the homeowner, but Campion stopped him.
“It can’t be discussed, that ship has sailed past us,” the mayor said, adding the report was added last minute to accommodate the sale of the home.
The City of Welland has set a temporary encroachment agreement with Thorold Road resident Wolfgang Guembel to help accommodate the sale of his home.