Letter of Comfort

Submit a complete application

Please submit your complete application to the City Hall, located at 1 Main St. S.

Complete the application with the following:

• Description of the encroachment, including dimensions
• Supporting documents such as photos or drawings
• Details of any other existing encroachments affecting the property
• All necessary fees

Please note

Applications must be signed by the owner in the presence of a Commissioner of Oaths. Contact the City Clerk or the Planning Division for an appointment to commission your documents. This service is free of charge.

Fees

It costs $350 (HST included) in order to submit an application for a letter of comfort. Depending on the application process, you incur additional fees, such as:

• Title search costs
• Cost of a reference plan to be prepared and deposited on title by an Ontario Land Surveyor
• Legal fees
• Any additional fees or costs that the City may incur relating to the processing of your application or the issued letter

All fees are non-refundable even if your application is denied.

Application review

Once submitted, the Planning Division will circulate your application to various other City departments and external agencies for comments:

• Roads Division
• Engineering Division
• Water and Wastewater Division
• Building Division
• Fire and Emergency Services
• Parks Division
• Synergy North (if applicable)
• Others as determined by the City of Kenora

Decision

A decision will be made within two to three weeks of the application being deemed complete. All decisions on Letter of Comfort applications are made by City Staff and are final. Each application will be evaluated on its own merit, on a case-by-case basis.

After you receive approval

If approved, you must provide an insurance certificate agreement that indemnifies and saves harmless the City of Kenora from all loss, costs, damages, expenses, claims, and demands whatsoever to which the Corporation, may be put or which it may suffer or sustain in which it may be liable by reason of anything done or omitted to be done in the construction, maintenance, alteration, or operation of structure(s) consisting the encroachment.

Please contact your insurance provider to discuss the insurance certificate.

When is a property identified to require a letter of comfort?

The requirement for a letter of comfort can be identified:

• Through the process of selling or buying property
• Through a planning application or building permit process
• By City staff

Do trees require a letter of comfort?

No. A letter of comfort is not required for trees. Please contact the City of Kenora's Parks Division prior to planting trees on City property. Features like hedges or shrubbery also do not require a letter of comfort unless the feature is used to determine a boundary.

Can I appeal the decision if my application is rejected?

No. Staff decisions are final for Letter of Comfort applications.

When might a letter of comfort be required?

A Letter of Comfort is required when a privately-owned structure or item is located partially on City property. The City of Kenora, in some cases, may grant a Letter of Comfort if the encroachment is considered minor or non-intrusive, or if the lands are not required for City purposes.

Examples of encroachments we will consider:

• awnings
• landscaping
• porches
• portion of existing building
• retaining walls
• signs, where not otherwise prohibited
• steps
• wheelchair ramps and other accessibility features

Examples of encroachments that will not be considered:

• fences
• temporary signs
• fruit and vegetable stands
• soft drink machines
• ice machines
• clotheslines
• flagpoles
• mailboxes

When will a letter of comfort not be granted?

Generally, the City will not grant approval for the following reasons:

• The encroachment(s) poses a danger to the public or is harmful to the natural environment
• The encroachment(s) is on a right-of-way
• When construction had begun prior to the issuance of a building permit from the City
• Additions to existing buildings that encroach on City property or road allowance
• The encroachment is on a registered municipal easement
• The encroachment(s) is on park property
• The encroachment(s) is considered to interfere with existing or future potential planned City infrastructure or improvements