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HomeMy WebLinkAboutDTS-06-075 - Demolition Control App DC 06/01/F/AP, 37 Fairview Ave ) c,_> KITCHENER Development & Technical Services ~ Report To: Date of Meeting: Submitted By: Prepared By: Ward(s) Involved: Date of Report: Report No.: Subject: Development and Technical Services Committee May 1 , 2006 Rob Browning, GM of Development and Technical Services (741-2500) Andrew Pinnell, Planner (741-2765) Ward 1 - Bridgeport-Centre Ward April 19, 2006 DTS-06-075 DEMOLITION CONTROL APPLICATION DC 06/01/F/AP Address: 37 Fairview Avenue Owner: Zdzislaw Mosiadz RECOMMENDATION: That demolition control application DC 06/01/F/AP requesting permission to demolish one single detached dwelling located at 37 Fairview Avenue, owned by Zdzislaw Mosiadz, legally described as Lot 28, Plan 77 be aooroved, subject to the following conditions: 1) That the owner obtain final site plan approval; and, 2) That the owner obtain a building permit for the proposed development. Upon satisfaction of condition 1 and 2, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act. The demolition permit will be subject to the following condition: That in the event that construction of the triplex is not substantially complete within 2-years of the date of issuance of the demolition permit, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. BACKGROUND: The subject property is located between King Street East and Weber Street East on the south side of Fairview Avenue. The subject property currently contains a single detached dwelling which is currently vacant. The property is presently designated Low Rise Conservation in the City of Kitchener Municipal Plan and zoned Residential Five (R-5) in the Zoning By-law. The owner is proposing to demolish the dwelling in order to develop a new triplex on the site. REPORT: 1. Notification Preliminary circulation of the demolition control application was undertaken on March 6, 2006 to internal agencies. Comments were received from two divisions (see comments attached). Since there is no right of appeal for demolition control applications, this application was not circulated to the public for comment, however, as a courtesy and for information purposes, this report should be circulated to the property owners within 60 metres of the subject property on April 24, 2006. 2. Planning Comments Under the Planning Act, the purpose of demolition control is to maintain residential properties within the municipality and to prevent their premature or unjustified removal. Where no new building permits will be issued for a new building on the site, seven criteria outlined in Council Policy 1-1010 are used to evaluate the appropriateness of an application to demolish a residential building. Notwithstanding the fact that a new triplex is proposed, City Staff have weighed the proposal against the abovementioned criteria: 1. Property Subject to the Ontario Heritage Act This building is not listed nor designated under the Ontario Heritage Act. 2. Architectural and Historical Value of the Dwelling The City's Heritage Planner advised that the dwelling may be the oldest structure on the street. In addition, there could be some heritage interest based on the overall form/shape of the building and in what could be behind the metal siding on the exterior. However, given that the dwelling is not currently listed or designated, and that it is in a general state of disrepair, the Heritage Planner advises that there are no objections with respect to the demolition control application. 3. Condition of the Dwelling An inspection of the building was not conducted with the understanding that the applicant intends to construct a new triplex. 4. Neighbourhood and Streetscape Quality The owner would be required to go through the site plan approval process in order to construct a triplex on this site. Through this process, the site would be required to be developed in conformity with the Zoning By-law and relevant urban design guidelines which would ensure compatible development with the surrounding area. Planning Staff recommend that a condition be imposed as part of this application that the owner be required to obtain final site plan approval and a building permit for a triplex, prior to the issuance of a demolition permit for the subject dwelling. 5. Timeframe of Redevelopment Further to the two conditions above, Planning Staff recommend that in order to ensure the timely redevelopment of the site, the following condition be imposed: That in the event that construction of the triplex is not substantially complete within 2-years of the date of issuance of the demolition permit, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. 6. Community Feedback No circulation was made to the public as a new triplex is proposed to be constructed on the site. 7. Zoning Compliance of the Proposed Use A triplex is a permitted use within the Residential Five Zone. 3. Comments Received The City's Heritage Planner advised that there are no objections with respect to the demolition control application. In addition, Engineering Services advised that there are no concerns with the application. 4. Summary Having considered the criteria established in Council Policy 1-1010, Planning Staff are satisfied that the proposed demolition is justified. As such, Planning Staff recommend that demolition control application DC 06/01/F/AP requesting permission to demolish one single detached dwelling located at 37 Fairview Avenue, legally described as Lot 28, Plan 77, be aooroved, subject to the conditions outlined in the recommendation section of this report. FINANCIAL IMPLICATIONS: None. Andrew Pinnell, BES Planner Della Ross, MA, MCIP, RPP Interim Coordinator of Development Review / Senior Planner Rob Browning GM of Development and Technical Services Attachments: · Drawing submitted with application (1) · Comments from City's Heritage Planner (1) · Comments from Engineering Services (1)