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HomeMy WebLinkAboutDTS-05-179 - Demolition Control Application DC 05/12/A/SR - 41 Amherst Drive ) 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 November 21, 2005 Jeff Willmer, Director of Planning (741-2325) Sheryl Rice, Zoning Officer (741-2844) Ward 3 - Fairview-Gateway October 28, 2005 DTS 05-179 DEMOLITION CONTROL APPLICATION DC 05/12/A/SR 41 Amherst Drive Diana Biuk RECOMMENDATION: That demolition control application DC 05/12/A/SR requesting permission to demolish one single family dwelling located at 41 Amherst Drive, legally described as Plan 578 Part Lot 27 and Part Lot 30, be aooroved in principle, subject to the following conditions: 1. That the owner obtains a building permit for the proposed development. Upon satisfaction of the above noted condition, 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: a) That in the event that construction of a new building is not substantially complete within 2 years of the date that demolition is commenced, 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 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 on the south side of Amherst Drive between Pinnacle Drive and Durham Street and contains a single family dwelling that was built approximately 1920 - 1930's. It is zoned R-3, with a special provision 319U under By-law 85-1. This zoning permits single dwellings but not semi-detached or duplex dwellings. The building proposed for demolition is in fair condition but could use some upgrades. The owner has also submitted a severance application to sever the rear portion of the lot. The severed portion will be added to lands the west, and the retained portion with have a new single family dwelling built on it that is closer to the front lot line that the original building. This setback would be in keeping with the other homes currently on the street. REPORT: 1. Notification Preliminary circulation of the demolition control application was undertaken on October 13th to internal agencies. Comments were received from three divisions (comments attached). 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 buildings are proposed, the municipality must determine whether or not the removal of the building is in the public interest. In order to assess whether or not the demolition is in the public interest, the proposal must be weighed against the seven criteria outlined in Council Policy 1- 1010: 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 has noted that the property appears to be one of the small cottages built in the 1920's to 1930's when the area was used as a summer resort. He comments that the property does not merit consideration for heritage designation. (Comments attached) 3. Condition of the Dwelling A City building inspector states that the structure is fair condition but could use some upgrades. He notes that the proposed new single family dwelling would fit in much better with the character of the neighbourhood. (comments attached) 4. Neighbourhood and Streetscape Quality The properties along Amherst Drive are zoned R-3 (Residential) with special use provision 319U, which permits single family dwellings only. The homes surrounding the subject property were built at a later time, during the 1970's - 1980's and therefore have a different character from the cottage-type dwelling at 41 Amherst Drive, which was built further back from the front lot line. Staff also notes that the proposed severance application to sever the rear portion of the lands to the lands to the west is in keeping with Block Plan 58 (Consolidated Jan 2003) for the area. 5. Timeframe of Redevelopment The applicant has not noted a timeframe to demolish the structure. 6. Community Feedback No circulation was made to the public as the dwelling is proposed to be replaced with another single family dwelling. 7. Zoning Compliance of the Proposed Use The proposed use of the lot as a single family dwelling is in compliance with Zoning By-law 85-1. 3. Comments Received (copies of comments attached) A City Building Inspector advised that Building Division has no concerns with the proposed demolition and notes that a newer structure would appear to be more compatible with the other existing dwellings on the street. The City's Heritage Planner noted that the structure does not merit consideration for heritage designation, and therefore there are no heritage concerns. Engineering Services has no concerns with this 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 05/12/A/SR requesting permission to demolish one single family dwelling located at 41 Amherst Drive, legally described as Plan 578 Part Lot 27 and Part Lot 30, Qg aooroved, subject to the conditions outlined in the recommendation. FINANCIAL IMPLICATIONS: None. Sheryl Rice Zoning Officer Jeff Willmer, MCIP, RPP Director of Planning Attachments: Drawings submitted with application (3) Department Comments (3)