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Home My WebLink AboutDSD-2021-144 - DC21/024/W/TS - 175 Wellington Street North - 1867528 Ontario Inc. REPORT TO: Planning and Strategic Services Committee DATE OF MEETING: August 9, 2021 SUBMITTED BY: Bustamante, Rosa Director of Planning, 519-741-2200 ext. 7319 PREPARED BY: Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: July 12, 2021 REPORT NO.: DSD-21-144 SUBJECT: Demolition Control Application DC21/024/W/TS 175 Wellington Street North 1867528 Ontario Inc. RECOMMENDATION: That Demolition Control Application DC21/024/W/TS requesting permission to demolish a single detached dwelling located at 175 Wellington Street North be refused. REPORT HIGHLIGHTS: The purpose of this report is that the applicant is seeking Council approval to demolish a single detached dwelling located at 175 Wellington Street North. The key finding of this report is that staff do not support the demolition of the single detached dwelling as it is the intention of the applicant to use the property for parking and access which is not permitted by the Zoning By-law which would result in a loss of a residential unit. There are no financial implications as there is no impact to the capital or operating budget. agenda in advance of the council/committee meeting. All property owners within 30 metres of the subject property will receive notice of the demolition control application for information purposes immediately following Council, if approved. This report supports the delivery of core services. BACKGROUND: The Development Services Department has received an application requesting the demolition of a single detached dwelling municipally addressed as 175 Wellington Street North. The subject property is zoned Residential Five Zone (R-5) and is designated Low Rise Residential in the Official Plan. The applicant is proposing to demolish the existing single detached dwelling and use the property for parking and access for an adjacent property, 130 Weber Street West, resulting in a loss of a residential unit. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Since there will be a loss of a residential unit without plans to replace it by the current landowner,via a building permit or site plan approval,staff are bringing this report before Location Map 175 Wellington Street North The subject lands are located near the southeast (based on compass directions) corner of the Weber Street West and Wellington Street North intersection, on the south side of Wellington Street North. Surrounding the property to the north are single detached dwellings, to the west is a residential multiple dwelling, to the south are lands used for general industrial purposes, and to the east is a repair and sale of motor vehicles use which is considered legal non conforming. REPORT: Staff advise that the owners/applicant of the subject property are proposing to demolish the single detached dwelling to provide parking as well as access to the property located at 130 Weber St. W. which has lost its previous access from Weber St. W. due to grading changes as a result of the underpass that was built under the railroads tracks. The property addressed as 175 Wellington St. N. has vehicle access to Wellington Street and 130 Weber St. W. has vehicle access to Breithaupt Street Staff have concerns with the demolition of the residential unit as it is the intention of the property owner to not redevelop the lot with a residential development, and have the property left vacant. Demolition Control By-law. The demolition control provisions contained within Section 33 of the Planning Act are intended to: (a) prevent the premature loss of viable housing stock and the creation of vacant parcels of land; (b) protect the appearance, character, and integrity of residential neighbourhoods and streetscapes where no redevelopment is planned; (c) prevent the premature loss of municipal assessment; (d) retain existing dwelling units until redevelopment plans have been considered and approved; and (e) ensure that redevelopment occurs in a timely manner, where proposed. Staff is of the opinion that none of the demolition control provisions contained within this Section of the Planning Act are met with this request to demolish the structure. The Low Rise Residential land use designation accommodates a full range of low density housing types which may include single detached dwellings, additional dwelling units, attached and detached, semi-detached dwellings, street townhouse dwellings, townhouse dwellings in a cluster development, low-rise multiple dwellings, special needs housing, and other forms of low-rise housing. Within the Low Rise Residential designation the City will support the integration of non- residential land uses, which are complementary and serve the needs of residents, at appropriate locations in the residential land use designations to support the development of a walkable and complete community. A parking facility is not a permitted use for lands within the Low Rise Residential land use designation. The subject lands were previously designated Light Industrial in Zoning By-law 4830. In 1994, City Council approved a residential designation and implemented the Low Rise Residential zoning for all the lands along the east side of Wellington Street in order to preserve and strengthen the predominant low rise residential character of the neighbourhood. The previous occupancy certificate records was a spray paint shop housed in an accessory building at the rear of the property and the main building was used as a dwelling unit. The commercial use was considered legal non-conforming until the time it ceased operating. In 1995, the Committee of Adjustment approved a change of use to permit a repair of electronic car parts within the accessory building which occupied the property. The main building was used for office space and a dwelling unit. In 2011, the repair of electronic car parts use ceased operating, and the main dwelling was used as a residential dwelling only. All previous commercial/industrial uses have since lost their legal non-conforming status and would no longer be permitted on the property. In 2015, the accessory building at the rear of the property was demolished through a demolition permit issued by the Building Division. This building did not contain a dwelling unit so Demolition Control did not apply to that building. City staff are of the opinion that the loss of a residential unit on a residentially zoned property with no plans for replacement does not align with a number of City objectives. First, it does not meet Official Plan policies relative to demolition control and maintaining the character of established neighbourhoods. Additionally, although the property has been unoccupied since 2015, this request would remove a dwelling unit without replacement in an established neighbour. The Housing Needs Assessment report (January 2020) found that existing rental units in the primary housing market are not meeting demand and vacancy rental rates are 2.2%, below a healthy vacancy rate of 3%. Further supporting the retention of existing housing stock. Should Council approve the demolition of the residential dwelling the R-5 zoning currently does not permit the parking use, an Official Plan Amendment and Zoning By-law Amendment would be required to permit the surface parking lot. Until those applications are brought forward to Council, a decision finalized, and a site plan approved, the property would not be permitted to be used as a parking lot and remain vacant. Figure 1 & 2: View of the existing single detached dwelling at 175 Wellington Street North (Front and Rear view) STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget The recommendation has no impact on the Capital Budget. Operating Budget The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM site with the agenda in advance of the council / committee meeting. All property owners within 30 metres of the subject properties will receive notice of the demolition control application for information purposes immediately following Council approval. PREVIOUS REPORTS/AUTHORITIES: Zoning By-law 2019-051 Official Plan, 2014 Regional Official Plan, 2010 Demolition Control Policy and By-law Planning Act, 1990 City of Kitchener Affordable Housing Strategy, Housing for All, 2020 APPROVED BY: Justin Readman General Manager, Development Services ATTACHMENTS: Attachment A Heritage Comments CƩƚƒʹ Victoria Grohn <Victoria.Grohn@kitchener.ca> {ĻƓƷʹ Monday, July 12, 2021 9:11 AM ƚʹ Tim Seyler <Tim.Seyler@kitchener.ca> {ǒĬƆĻĭƷʹ RE: Demolition Control - DC21/024/W/TS - 175 Wellingtons St. N Hi Tim, The property municipally addressed as 175 Wellington Street North is neither designated nor listed under the Ontario Heritage Act. Heritage Planning staff note for information that the Municipal Heritage Register, and that the subject property is adjacent to the Mt Hope/Breithaupt Neighbourhood Cultural Heritage Landscape and the Warehouse District Cultural Heritage Landscape. However, there are no heritage planning concerns with the demolition of the building at 175 Wellington Street North. Please let me know if you have any questions or require further information. Thanks, Victoria Victoria Grohn, BES (Pronouns: she/her) Heritage Planner | Planning Division | City of Kitchener 519-741-2200 ext. 7041 | TTY 1-866-969-9994 | victoria.grohn@kitchener.ca CƩƚƒʹ Tim Seyler <Tim.Seyler@kitchener.ca> {ĻƓƷʹ Monday, July 12, 2021 8:27 AM ƚʹ Victoria Grohn <Victoria.Grohn@kitchener.ca> {ǒĬƆĻĭƷʹ Demolition Control - DC21/024/W/TS - 175 Wellingtons St. N Hi Victoria, We have received an application to demolish an existing single detached dwelling at 175 Wellington St. N. The applicant would like to demolish the structure and use the property for parking and access to the adjacent property. Are there any heritage concerns with the demolition of the structure? Thanks, źƒ {ĻǤƌĻƩͲ .9{Ͳ a/LtͲ wtt Planner | Planning Division | City of Kitchener 519-741-2200 ext. 7860 | TTY 1-866-969-9994 | Tim.Seyler@kitchener.ca