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6. WAIVER TO
ENCROACHMENT BY-LAW 2003-446 FOR A STATUE AT 53 ELGIN STREET DÉROGATION
AU RÈGLEMENT 2003-446 SUR LES DROITS D'EMPIÈTEMENT RELATIVEMENT À UNE STATUE
AU 53, RUE ELGIN |
That
Council approve a waiver to Section 3(2) of the of the City of Ottawa
Encroachment By-law 2003-446 in order to permit permanent surface encroachments
on the City’s right-of-way at the southwest corner of the National Arts Centre
at 53 Elgin Street.
Que le Conseil d'approuver une dérogation au paragraphe 3(2) du
Règlement 2003-446 de la Ville d'Ottawa sur les droits d'empiètement, afin de
permettre des empiètements permanents en surface sur l'emprise de la Ville, à
l'angle sud-ouest du Centre national des Arts, soit plus précisément au 53, rue
Elgin.
Documentation
1. Councillor Holmes’ report dated 31
March 2010 (ACS2010-CCS-TRC-0008).
Report to/Rapport au :
Transportation Committee
Comité des transports
and Council / et au Conseil
31 March 2010 / le 31
mars 2010
Submitted by/Soumis par : Councillor/Conseiller Diane Holmes
Contact
Person/Personne ressource : Councillor/Conseiller Diane Holmes, Somerset Ward
613-580-2484,
Diane.Holmes@ottawa.ca
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Ref N°: ACS2010-CCS-TRC-0008 |
SUBJECT:
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WAIVER TO ENCROACHMENT BY-LAW
2003-446 For a STATUE AT 53 ELGIN street |
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OBJET
:
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dérogation au règlement
2003-446 SUR LES DROITS D'EMPIÈTEMENT RELATIVEMENT À UNE STATUE AU 53, RUE
Elgin |
That the Transportation
Committee recommend that Council approve a waiver to Section 3(2) of the City
of Ottawa Encroachment By-law 2003-446 in order to permit permanent surface
encroachments on the City’s right-of-way at the southwest corner of the
National Arts Centre at 53 Elgin Street.
Que
le Comité consultatif sur les transports recommande au Conseil d'approuver une
dérogation au paragraphe 3(2) du Règlement 2003-446 de la Ville d'Ottawa sur
les droits d'empiètement, afin de permettre des empiètements permanents en
surface sur l'emprise de la Ville, à l'angle sud-ouest du Centre national des
Arts, soit plus précisément au 53, rue Elgin.
The City of Ottawa has received a request to install a
cast bronze statue of Oscar Peterson seated at a piano on the City's
right-of-way and attached to the National Arts Centre at 53 Elgin Street. Oscar Peterson (1925-2007) was an important Canadian
and is ranked as one of the world's greatest jazz virtuosos.
The proposed site is located at the northeast corner
of intersection at Elgin and Albert Streets as shown on the attached diagrams.
The City of Ottawa Encroachment By-law 2003-446 prohibits
the construction of new permanent surface encroachments on the City’s
right-of-way; therefore, a waiver to this by-law is required for the structures
to be constructed on the City’s road allowance.
The encroachments will be the subject of a permanent encroachment agreement between the City and the property owner.
Following the death of renowned Canadian
Oscar Peterson in 2007, an Oscar Peterson Tribute Committee was established,
led by Peter A. Herrndorf, Executive Director and CEO of the National Arts
Centre. The task of this Committee is to
“create and finance a statue of Oscar Peterson, and his piano, which will
symbolize Oscar's extraordinary impact around the world, and reflect the sense
of pride Canadians feel about the man and his music.”
From the National Arts Centre report to the
National Capital Commission:
“The NAC complex is a fitting
venue for the permanent display of a commemorative
statue honouring Oscar
Peterson. As Canada's national centre
for the performing arts, it
is both showcase and home for live
performance. Indeed, Oscar Peterson
performed at
the NAC to great acclaim many
times, beginning in 1969, when the Centre first opened
its doors. NAC performances and events attract hundreds
of thousands of patrons and
visitors every year. In 1992, Oscar Peterson was honoured at the
NAC with a Governor
General's Performing Arts Award
for Lifetime Artistic Achievement.
The busy pedestrian and vehicular
intersection of Elgin and Albert Streets at the
southwest corner of the NAC
complex will provide a highly visible and approachable
public location for the Oscar
Peterson Commemorative Statue.
THE SCULPTURE
The Oscar Peterson National
Committee has chosen renowned Canadian visual artist
Ruth Abernethy to create the Oscar
Peterson commemorative statue. Ruth Abernethy's
work is widely admired and she has
a particular interest and expertise in public
installation. In the public realm,
she has explored the element of encounter, attempting to
create works with broad appeal
without sacrificing content.
Ruth Abernethy's best-known work
is the much-loved portrait "Glenn" (1999), a bronze,
life-sized statue of Canadian
pianist Glenn Gould seated on a bench. "Glenn" was
commissioned by the Glenn Gould
Foundation for installation in front of the CBC's
Glenn Gould Theatre on Front
Street in Toronto.
Ruth Abernethy has undertaken many
successful commissions for portrait busts and
statues. The concept for the Oscar
Peterson statue draws on her artistry and extensive
experience.”
Site meetings
and ongoing discussions have taken place between the proponents, the NCC and
the City of Ottawa. At the request of the City, the applicant has made
amendments to the initial proposal to accommodate the placement of protective
snow markers to assist with snow clearing operation.
The proposal would have the statue installed against
the NAC building at the northeast corner of the intersection of Elgin and
Albert Streets. Unobstructed widths
required for pedestrian sidewalks are exceeded and the installation will not
create sightline obstructions as there are no northbound traffic turns at the
intersection.
The NAC, as owners of the statue, will be required to enter into an encroachment agreement with the City of Ottawa. The permanent encroachment agreement will include a provision for owner responsibility of all maintenance, installation and any additional costs. The permanent encroachment agreement will also include a provision for owner responsibility should there be the need for the encroachment removal in the case of bridge work or other similar work.
Planning and
Growth Management Comments
Staff has reviewed and is in support of the waiver.
N/A
The Centretown Citizens’ Community Association is aware of and supports this proposal.
Councillor Holmes is aware of and supports this proposal.
There are no legal/risk management impediments to the implementation of this Report’s recommendation. It should be noted that in keeping with the statement above with respect to relocation, the By-law requires that an encroachment agreement may be terminated by either Party on one month’s notice.
Granting the waiver will not impact the City’s Strategic Plan.
N/A
There are no financial implications.
Attachment 1 – Oscar
Peterson Statue Location Plan
Attachment
2 – Sketch of the completed design of the Oscar Peterson statue
Attachment 3 – Examples of Glenn
Gould and Al Waxman bronze
life portraits in public spaces by artist Ruth Abernethy
The Department will be directed to advise the applicant of the decision and process an encroachment agreement with the applicant.