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Home My WebLink AboutDTS-07-059 - Demolition Control Application DC 06/01/F/AP, 37 Fairview Avenueii ID ~_ ~... .~ REPORT Report To: Development and Technical Services Committee Date of Meeting: April 23, 2007 Submitted By: Jeff Willmer, Director of Planning (519-741-2325) Prepared By: Andrew Pinnell, Planner (519-741-2668) Ward Involved: Ward 1 Date of Report: April 10, 2007 Report No.: DTS-07-059 Subject: DEMOLITION CONTROL APPLICATION DC 06/01/F/AP 37 FAIRVIEW AVENUE ZDZISLAW MOSIADZ ~ fl ; ~ ~ ~ ~,~~ 1 ~~ e ~ ~. p 5~ d ,. ~~ ti ~ ~ ,t ~ a~ ~y 5 1 ~ I ~' z~,'. K t }1. 1 !~ ,~. ~;. taw `. fL. Fc.. ~ . ~~ 5 ~ I .~,. I F L S k ~ - -_ _+ r { w ,~ ,n ~}~, 1 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 approved, subject to the following condition: 1) That the owner obtain a building permit for the proposed duplex. Upon satisfaction of Condition 1, 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 duplex 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 property 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 vacant. In March 2006, the City received a demolition control application that proposed to demolish the existing dwelling in order to allow the development of a triplex on the site. In April 2006, the applicant contacted the City with concerns regarding site plan application requirements for redeveloping the property as a triplex and requested that the demolition control application be deferred until these issues were resolved. In July 2006, before these issues were resolved, City Council passed an interim control by-law to temporarily prohibit triplexes and multiple dwellings within R-5 zoned Central Neighbourhoods, which includes the subject property. In February 2007, after further consideration and discussion with City staff, the applicant revised the subject demolition control application to propose construction of a duplex instead of a triplex and requested that the application proceed with processing. The following report outlines City staff's comments regarding the revised demolition control application. REPORT: 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 I-1010 are used to evaluate the appropriateness of an application to demolish a residential building. Notwithstanding the fact that a duplex is proposed, City Staff have weighed the proposal against the abovementioned criteria: ~. Property Subject to the Ontario Heritage Act The property is not subject to the Ontario Heritage Act. 2. Architectural /Historical Value or Interest of the Property 2 The City's Heritage Planner advises that the dwelling may be the oldest structure on the street. In addition, there could be some heritage interest based on the overall formishape 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 The Fire Division notes that damage to the dwelling due to arson in 2005 did not necessitate the demolition of the building. A City Building Inspector examined the existing dwelling from the exterior and advises that it requires extensive repairs to the roof and front porch, paint inside and out, plumbing, heating, and floor coverings. The Inspector further estimates the cost of required repairs to be approximately $100,000. 4. Impact of Demolition on Abutting Properties, Streetscape, Neighbourhood Stability Planning Staff recommend that the demolition control application be approved subject to the owner obtaining a building permit for the proposed duplex. Issuance of the demolition permit would be subject to the owner substantially completing the proposal within 2 years or be subject to a significant fine (see Recommendation Section). This condition would prevent the lot from remaining vacant for an extended period of time without being redeveloped. The proposed duplex would have to comply with all applicable zoning regulations. 5. Timeframe of Redevelopment As abovementioned, Planning Staff recommend that in order to ensure the timely redevelopment of the site, the standard 2-year completion deadline be required as a condition of approval for the proposed duplex (see Recommendation Section). 6. Community Feedback Prior to the original application being revised to propose a duplex instead of a triplex, a report along with a letter indicating the details of the Development and Technical Services Committee Meeting (DTSC) that would discuss the issue was circulated to all property owners within 60 metres of the subject property (April 2006). Notwithstanding the fact that this public circulation was completed as a courtesy and for information purposes only, there was one respondent, the written comments of whom are attached as Appendix B. However, before the application was discussed at DTSC, the applicant deferred and later revised the application to propose a duplex rather than a triplex. No public circulation has been made since this revision since no public right of appeal exists for demolition control applications and Council cannot refuse a demolition control application where a new building is proposed (Council Resolution I-1010). 7. Zoning Compliance of the Proposed Use The property is zoned Residential Five (R-5) in the Zoning By-law. The owner is proposing to demolish the existing dwelling in order to develop a new duplex on the site, which is a permitted use within this zone. Notification 1 Comments Received Preliminary circulation of the demolition control application was undertaken on March 6, 2006 to internal agencies. Comments were received from the City's Heritage Planner, Engineering Services, a City Building Inspector, and Fire Division (see comments attached). Relevant comments are summarized in the Planning Comments section of this report. Although this 3 application was circulated in April 2006 to all property owners within 60 metres of the subject property for information purposes only, one response was received which is outlined in Appendix B. A copy of this report will be sent to the one neighbourhood correspondent. Summary Planning Staff are satisfied that the proposed demolition is justified. As such, Planning Staff recommend that demolition control application DC 06/011F/AP, requesting permission to demolish one single detached dwelling located at 37 Fairview Avenue, legally described as Lot 28, Plan 77, be approved, subject to the condition outlined in the recommendation section of this report. FINANCIAL IMPLICATIONS: None. Andrew Pinnell, BES Planner Jeff Willmer, MCIP, RPP Director of Planning Attachments: Della Ross, MA, MCIP, RPP Manager of Development • Plan submitted with application • Appendix A -Internal Department Comments • Appendix B -Property Owner Comments 4