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HomeMy WebLinkAboutDTS-07-115 - Demolition Control App DC 07/04/B/AP, 24 Boniface Ave ) 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. :~ ^~~~ i ~,~~~ ~..~ ~~ ~~ ' t~ ,~ 4 "' ,~ ,. ~~• ~:~~ F~ q N 1 ~9~ ~ ~.~ ~ n }, r t p ~ ~ ~~l"~ t ~ s .,.,.,.w .~y,.....,,«...e 1. ~ ~'~' ta/ tiry tti~ ~ vk~ ~ f..,.... i ~~ x i ~ ~t P d ~ 5 ~ ~ ~ ~ ~...~ ~ ~~ii ~ a - ~~,~a~ _u. . V~ ~~ ~~ ,~ 1` , yy~ F ~ 14~. ww,~uura¢Mp.~wPN~rM , ° ~ ~~'!'u~wr~,N"t'?~"~M~*.~"~i'A~t'~~, r ,i r ~r .. n„ ,,.... ~ ~ v v ~; r. _ .. ~ 'S Y~ ~ ,. ~. , ~~ ~~ ~ 8 , ~< a,~ rv z I it ~ i~ t \ ~~ y ~t ~ "~~ L ~ .~ (( ~V i wt 1 yy c 1 2' ~.~•: 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