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HomeMy WebLinkAboutDTS-05-197 - DC05/10/K/LT - 1358 King Street East ) c,_> KITCHENER Development & Technical Services ~ Report To: Development & Technical Services Committee Date of Meeting: Submitted By: Prepared By: Ward(s) Involved: Date of Report: Report No.: Subject: November 21, 2005 Jeff Willmer, Director of Planning Lisa Thompson, Zoning Officer (741-2847) Ward 1, Bridgeport-Centre, John Smola October 20,2005 DTS-05-197 DEMOLITION CONTROL APPLICATION DC05/1 O/K/L T 1358 KING STREET EAST WATERLOO NORTH CONDOMINIUM CORPORATION #113 RECOMMENDATION: That demolition control application DC05/1 O/K/L T requesting permission to demolish one single detached dwelling located at 1358 King Street East, legally described as Plan 404 Part Park Lot 25 RP58R1889 Part 6, be approved in principle, subject to the following conditions being satisfied prior to the issuance of a demolition permit: 1. That the current site plan agreement for 1414 King Street East be amended to include the subject lands; 2. That a revised landscape plan, including the subject lands, be submitted to the satisfaction of the Supervisor of Site Plan Development; and 3. That securities be posted, to the satisfaction of the Supervisor of Site Plan Development, sufficient to guarantee the completion of the approved landscaping. BACKGROUND: The subject property is located at 1358 King Street East and is owned by Waterloo North Condominium Corporation #113. WNCC #113 also own the 103 unit condominium building adjacent to the subject property. They advise that the dwelling is in a poor state of condition and is costly to maintain. Their intent is to demolish the dwelling to create more "green space" for the 103 unit condominium building. REPORT: 1. Public Notification Preliminary circulation of the demolition control application was undertaken on September 16, 2005 to City Departments and all property owners within 60 metres of the subject property (pursuant to Council Policies 1-1005,1-1010,1-1015). As a result of the circulation, staff received 3 comments from City Departments, 2 letters of objection from neighbouring residents and 14 letters of support from neighbouring residents. These comments are addressed in the Planning Comments section of this report. All respondents will be mailed a copy of the staff report and notice of the November 21 , 2005 meeting of the Development and Technical Services Committee. 2. Planning Comments Under the Planning Act, the purpose of Demolition Control is to maintain residential properties within the municipality and to prevent their removal without replacing them with new buildings. Where no new buildings are proposed, the municipality must determine whether or not the removal of a dwelling is in the public interest. In this case, the applicant wishes to demolish the dwelling and replace it with an open space area for the 103 unit condominium next door. In order to assess whether or not the demolition of the subject dwelling is in the public interest the application 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 no concern with the proposed demolition. 3. Condition of Dwelling A City building inspector advised that the structure is generally in good repair but could use approximately $40,000 in upgrades, and has no significant architectural detail. 4. Neighbourhood and Streetscape Quality The properties along this section of King Street East are zoned Commercial-Residential Four zone (CR-4) and designated as Mixed Use Corridor in the City's Official Plan. The existing single detached dwelling is considered a legal non-conforming use as the CR-4 zoning does not permit single detached dwellings. The location on King Street East is a predominant entrance into the City of Kitchener that is not supportive of single detached dwellings because they are considered to be an under-utilization of the land. As this dwelling constitutes a very small portion of the overall condominium site, removal of the house will not detract from the streetscape, but rather create an improved streetscape by providing more open space. 5. Timeframe of Redevelopment No redevelopment is proposed. The applicant is proposing to demolish as soon as permitted and reinstate green space immediately after demolition of the dwelling. 6. Community Feedback Through the preliminary circulation, two letters of objection were submitted. The concerns related to the loss of a dwelling that is suitable for human habitation. While it may be possible to continue to use this building as a housing unit, the current rental unit vacancy rate is at an acceptable level. The owners of the property are of the opinion that the maintenance and upgrading costs far outweigh the need to keep the dwelling. Further, the single dwelling is legal non-conforming and the owners are not in favour of perpetuating a legal non-conforming use. In this regard, staff has no concern with the proposed demolition. Aside from the two letters of objection, staff received 14 letters in support of the demolition. The consensus was that having more green space for the condominium was a more appropriate use of the land and that the building exterior detracts from the streetscape due to its condition. 7. Zoning Compliance of the Proposed Use The proposed open space is permitted under the existing zoning. FINANCIAL IMPLICATIONS: Nil. CONCLUSION: Having considered the criteria established in Council Policy 1-1010, planning staff are satisfied that the proposed demolition is justified, primarily because the resulting open space will function as part of the 103 unit condominium building and may improve the streetscape along this portion of King Street East. As such, planning staff recommend that demolition control application DC05/1 O/K/L T requesting permission to demolish an existing single detached dwelling located at 1358 King Street East, legally described as Plan 404 Part Park Lot 25 RP58R1889 Part 6, be aooroved. Lisa Thomspon, CPT Zoning Officer Jeff Willmer, MCIP, RPP Director of Planning Attachments: Onpoint Air Photo Appendix "A" Department/Agency Comments Appendix "B" Neighbourhood Comments