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DTS-10-069 - Demolition Control App DC 10/02/C/ATP - 159 Church St
l Kl~rc~~R Qe~elapment& Technical Services Report To: Development and Technical Services Committee Date of Meeting: April 12, 2010 Submitted By: Alain Pinard, Interim Director of Planning Prepared By: Alexandra Pires, Planning Technician (519-741-3400 ext. 3177) Ward(s) Involved: Victoria Park -Ward 6 Date of Report: March 30, 2010 Report No.: DTS-10-069 Subject: DEMOLITION CONTROL APPLICATION DC10/02/C/ATP 159 CHURCH STREET MIKE FLYNN ~~ ~$~ -~ ~~~ ~$$ ~ ~~ ~a~ ~~~ _ ~~ ~~~ ,59 CHIJf~CH ~T 95~J~~ ' ~4 9~ ~ 83 A ~1 Location Map -159 Church Street RECOMMENTATION: That Demolition Control Application DC101021CIATP requesting the removal of one residential unit in an existing multiple dwelling located at 159 Church Street., owned by Mike Flynn, legally described as Part Lot 14, Plan 395, be approved without conditions. BACKGROUND: The Department of Development and Technical Services has received an application requesting the removal of one residential unit in an existing multiple dwelling located at 159 Church Street. The property is designated as Low Rise Conservation in the Cedar Hill Neighbourhood Plan for Land Use Secondary Plan in the Official Plan and Residential Five Zone (R-5) in the Zoning By- law 85-1. In addition, the subject property is within the Cedar Hill Planning Community and is subject to aCity-initiated Zone Change (ZC05/06/C/CB) which was approved by Council in 2005 7-1 as Zoning By-law 2005-91 and subsequently appealed to the Ontario Municipal Board to which the matter has not yet been resolved. A Hearing was held on May 5, 2009 and a decision has yet to be issued by the Board. In cases where a Zoning By-law was been appealed, the previous zoning regulations apply, which is Interim Control By-law 2004-85. The applicant is proposing to remove one residential unit in an existing multiple dwelling containing six (6) units. The applicant has formally applied to the Building Division for a building permit to demolish and remove one unit and restore the building to the original five (5) residential units. REPORT: Planning Comments: Staff advise that the unit proposed to be demolished is unsafe and its removal, along with renovations, will improve the aesthetics of the existing building and restore the property to the original five (5) residential units. The applicant has advised that they intend to remove the unit, which is the third floor and install a proper truss roof to protect and reinforce the remaining structure of the building. The applicant has formally applied for a building permit to demolish and remove the unit however; the applicant is awaiting demolition control approval before the permit can be issued by the Building Division. Staff are of the opinion that the proposed demolition will have minimal impact on the adjacent lands and overall neighbourhood and will not interfere with the intent of Interim Control By-law 2004-85. The removal of the unit is consistent with the intent of the Official Plan's Low Rise Conservation designation which favours uses that will not yield a high density. Figure 1: Front view of subject property from Church Street Heritage Planning Comments: Staff have no objections to the proposed demolition. 7-2 Building Division Comments: A City Building Inspector examined the interior and exterior of the subject property in February 2010 and noted the following observations. The building is serviced with water, sanitary sewer, gas and hydro. It is approximately 80 years old and has undergone numerous additions and renovations. It has been constructed with poured concrete foundation with a wood frame and masonry construction. The roof has been partially removed and reconstructed to accommodate the third floor unit that is proposed to be demolished. The exterior brick, soffit and fascia are in good condition and there is evidence of insulation in the exposed areas of the roof. The deck in the rear is in poor condition and should be replaced. The third floor unit has been completely gutted and the applicant is waiting the decision of this application on whether to proceed with the removal and renovation. Access to this unit is through the second floor unit which does not comply with Ontario Building Code exiting requirements. The roof has been cut and not properly mended and therefore will require reconstruction. There is no evidence of major settling or foundation movement and signs of moisture penetration is noted due to the failing low slope roof. The third floor unit is unsafe with no proper services, headroom or proper exiting provisions. The owners advised that the intent of the removal of the third floor unit is to install a proper truss roof to reinforce the remaining existing building. The Building Division has no objections to the proposed demolition. Engineering Division Comments: Staff note that the servicing will not be effected as a result of the proposed demolition and therefore have no concerns. FINANCIAL IMPLICATIONS: No new or additional capital budget requests are expected with this recommendation. COMMUNICATIONS: A neighbourhood circulation was not made part of this application as the applicant intends to remove one residential unit in an existing multiple dwelling containing six (6) units returning the property to the original five (5) units. However, all property owners within 60 metres of the subject property will receive notice of the Development and Technical Services meeting dealing with this demolition control application for information purposes. CONCLUSION: Planning staff have considered this application and are of the opinion that the proposed demolition is justified as the unit is unsafe and its removal, along with renovations, will improve the aesthetics of the existing building and restore the property to the original five (5) residential units. As such, Planning Staff recommend that Demolition Control Application DC10/02/C/ATP requesting the removal of one residential unit in an existing multiple dwelling, located at 159 Church Street, owned by Mike Flynn, be approved without conditions. REVIEWED BY: Della Ross, Manager of Development Review ACKNOWLEDGED BY: Jeff Willmer, Interim General Manager Development and Technical Services Department AttarhmPnt~• • Appendix "A" -Demolition Plan • Appendix "B" -Internal agency comments 7-3 ~~ ~ --..---~~---___~.~ ~ ~i DTS Re o~ No, DTS ~ A ~ ~ ~~ ~ ~~ ~ ~ ~ ry cry ~ ~- ~ ~ ~~ ~ ~ ~~ ~ ~ ~~ #~ ; ~~ . 11pi II ..:,~._ a ~~ E I ! t 1 1 I I ! f i s f I I Ir~I :.{ r-~-__~_-_F~rJ.1...:....t .. _f-__J___1..»_E~ ~=a~1a F....~1•....~L__-f~,,,.1 ~} ~: I III ~- I 1 ~' it ~ i it '+~ 9 sj~t iiu i i~iP ~ ~}Ii ~,llt F 1111 r' I'~c``I.-. IE~ 1 f II. . V. (Il1 ! !I t I ;k lk ~I ~,~~,,, I rW"_!+~ F il'^C-~1J___A......}i ~ E 1_._w}~1µh11.3~µt1.#~1~ rr I 1 i i q E, I~___ty_....r__•~~ 1 ! I ~I lF`_ I I I I r~ I ~ ,...JJJ] l i II I i ~ t !i I ~~ i i i ili i i I'L~~ ~ ".~ II 11` ~~ [ ~I IiI t l 1 i. 1 k t I b l 1 ! ~' 1, 1 EL"..7y'~...~,! ail I I E y~ I I ~ I I~ I ~"..w.4»T}.. 1 ~ ', tt .;titi ~s I I( I 1 I I tl! 1!""..... ~~IL"~ ~ ;~ ~It I ! 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