HomeMy WebLinkAboutDTS-07-115 - Demolition Control App DC 07/04/B/AP, 24 Boniface Ave
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Report To:
Date of Meeting:
Submitted By:
Prepared By:
Ward(s) Involved:
Date of Report:
Report No.:
Subject:
Council
June 25, 2007
Jeff Willmer, Director of Planning (519-741-2325)
Andrew Pinnell, Planner (519-741-2668)
Fairview - Gateway (Ward 3)
June 20, 2007
DTS-07-115
DEMOLITION CONTROL APPLICATION DC07/04/B/AP
142 Boniface Avenue
Richard and Donna Munn
RECOMMENDATION:
That Demolition Control Application DC07/04/B/AP requesting permission to demolish one
single detached dwelling located at 142 Boniface Avenue, owned by Richard and Donna Munn,
legally described as Lot 155, Registered Plan 923, be approved, subject to the following
condition:
1} That the owner obtains a building permit for the proposed single detached dwelling; and,
That upon satisfaction of condition 1, the Chief Building Official may authorize and issue a
demolition permit under Section 33(6) of the Planning Act subject to the following condition:
In the event that construction of the new dwelling 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 addressed as 142 Boniface Avenue and is generally located between
Shelley Drive and Vanier Drive and south of Highway 7/8. The surrounding area contains
mainly single detached dwellings built in the late 1950s and early 1960s. The subject property
contains a single detached dwelling that was the subject of a fire that took place on May 23,
2007. Fire Division reports that there was major structural damage to the roof of the building.
The applicant is proposing to demolish the existing dwelling in order to reconstruct a single
detached dwelling on the original foundation. The subject lands are currently designated Low
Rise Residential in the official plan and are zoned Residential Three (R-3) in the zoning by-law.
Because the application was not submitted in time to be discussed for the June 18, 2007
Development and Technical Services Committee, and to facilitate the owners' timing for
redevelopment, this application is being discussed for the first time at Council on June 25, 2007.
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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 single detached dwelling is proposed, City
Staff have weighed the proposal against the abovementioned criteria:
1. Property Subject to the Ontario Heritage Act
The City's Heritage Planner has no concerns with the proposed demolition.
2. Architectural /Historical Value or Interest of the Property
The City's Heritage Planner has no concerns with the proposed demolition.
3. Condition of the Dwelling
The Fire Division advises that a fire that took place on May 23, 2007 caused major structural
damage to the roof of the dwelling. The Building Division notes that orders were placed on the
property to remedy an unsafe situation and to prohibit occupancy of an unsafe building. It
should be noted that damage caused by the fire did not necessitate that the building be ordered
demolished.
4. Impact of Demolition on Abutting Properties, Streetscape, Neighbourhood Stability
Planning Staff recommend that the demolition control application be approved subject to the
standard condition that the owner be required to obtain a building permit for the proposed single
detached dwelling. Issuance of the demolition permit would be subject to the owner
substantially completing construction within two years or be subject to a fine (see
Recommendation Section). This condition would prevent the lot from remaining vacant for an
extended period of time without being redeveloped. The proposed dwelling 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 two year completion deadline be required as a condition
of approval for the proposed single detached dwelling (see Recommendation Section).
6. Community Feedback
No community circulation was made as part of this application, since there is no public right of
appeal and the owner intends to obtain a building permit to reconstruct the dwelling.
7. Zoning Compliance of the Proposed Use
The owner is proposing to demolish the existing dwelling in order to reconstruct a single
detached dwelling on the site, which is a permitted use within the R-3 Zone.
Notification /Comments Received
Preliminary circulation of the demolition control application was undertaken on June 14, 2007 to
internal departments. Comments were received from the City's Heritage Planner, Engineering
Services, a City Building Inspector, and Fire Division (see comments attached}. Comments are
summarized in the Planning Comments section of this report.
Summary
Planning Staff are satisfied that the proposed demolition is justified. As such, Planning Staff
recommend that demolition control application DC07/04/B/AP, requesting permission to
demolish one single detached dwelling located at 142 Boniface Avenue, legally described as Lot
155, Plan 923, be approved, subject to the condition outlined in the Recommendation Section of
this report.
FINANCIAL IMPLICATIONS:
None.
Andrew Pinnell, BES
Planner
Attachments:
Jeff Willmer, MCIP, RPP
Director of Planning
Aerial photo of subject property
Appendix A -Department Comments