HomeMy WebLinkAboutDTS-08-005 - Demolition Control Application DC07/06/W/AP - 48 Walnut St - 48 Walnut Inc~ ~, ~
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Development &
Technical Services
Report To: Development and Technical Services Committee
Date of Meeting: January 7, 2008
Submitted By: Jeff Willmer, Director of Planning X519-741-2325}
Prepared By: Andrew Pinnell, Planning Technician X519-741-2668}
Wards}Involved: West -Victoria Park (Ward 6}
Date of Report: December 18, 2007
Report No.: DTS-08-005
Subject: DEMOLITION CONTROL APPLICATION DC07/06/W/AP
48 WALNUT STREET
48 WALN UT I NC.
RECOMMENDATION:
That Demolition Control Application DC07/06/W/AP requesting permission to demolish one
single detached dwelling located at 48 Walnut Street, owned by 48 Walnut Inc., legally
described as PLAN 378 PT LOT 487 RP 58R-12501 PT 2, be approved without conditions.
BACKGROUND:
The subject property is located on the north side of Walnut Street, between Cherry Street and
Herlan Avenue. The surrounding neighbourhood consists of a wide variety of dwellings, ranging
from single detached to low-rise multiple dwellings. The subject property contains a single
detached dwelling at the front of the property and a fourplex at the rear of the property. The
single detached dwelling does not meet the current sideyard or frontyard setback requirements
but is considered to comply because of the Vacuum Clause (Section 5.15.1) in the Zoning
Bylaw. The subject lands are currently designated Low Rise Multiple Residential in the Official
Plan and are zoned Residential Six (R-6) in the Zoning By-law.
The single detached dwelling was the subject of a fire that took place in September 2007 that
caused significant damage to the structure. The applicant is proposing to demolish the single
detached dwelling in order to construct a new dwelling, with one unit, on the same foundation
and connect it to the fourplex via a second storey addition. The two dwellings would be
separated at the ground floor level. In order to accomplish this, Committee of Adjustment
approval and site plan approval are required to extend the dwelling in the abovementioned
manner.
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Subject Single Detached Dwelling at 48 Walnut Street
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. In this case, the
owner has stated that he intends to obtain a building permit for a new dwelling on the property
and begin construction in early 2008; however, Planning staff advise that from past experience,
demolition is not always followed by timely redevelopment, even if a building permit is proposed.
Incases where a building permit to redevelop is proposed, Planning staff have typically imposed
a condition of demolition control approval requiring the owner to obtain a building permit and site
plan approval. Upon satisfaction of these conditions, a demolition permit may be issued subject
to a significant fine if reconstruction has not been significantly completed within 2 years. The
imposition of this condition has, in certain cases, led to the owner not proceeding with
demolition until favourable timing, and hence, the retention of a derelict building. For this
reason, Planning staff advise that this condition should not always be imposed. The proposal
should be evaluated to determine whether demolition leading to a vacant site is preferred over
the retention of a derelict building. Planning staff have considered this case and are of the
opinion that the proposed demolition is justified considering the minimal impact on the
streetscape, the absence of heritage issues, and the cost to repair the existing structure.
Heritage Comments
The subject property is not designated under the Ontario Heritage Act, listed as a non-
designated property on the Municipal Heritage Register, or listed on Heritage Kitchener's
Inventory. Further, it is staff's understanding that a building inspection identified that over
$100,000 worth of work is required to bring the structure up to acceptable habitable
standard. Where demolition is proposed to accommodate new development has is the case
here}, the City would need to designate the property under the Ontario Heritage Act as a means
of preventing demolition of the subject building. In this case, staff do not believe the property is
a reasonable candidate for heritage designation and have no concerns with the demolition
control application.
Building Inspector Comments
Following a site inspection, Building staff identified that the building has sustained extensive fire
damage and the cost of repairs would greater than to replace the building with a new structure.
It is estimated that the damage to the building is $160,000.00.
Neighbourhood Comments
No neighbourhood circulation was made as part of this application as the owner intends to
reconstruct the dwelling. All property owners within 60 metres of the subject property will
receive a copy of this report for information.
Summary
Planning staff are satisfied that the proposed demolition is justified. As such, Planning staff
recommend that demolition control application DC07/06/W/AP, requesting permission to
demolish one single detached dwelling located at 48 Walnut Street, legally described as PLAN
378 PT LOT 487 RP 58R-12501 PT 2, be approved without conditions.
FINANCIAL IMPLICATIONS:
None.
Andrew Pinnell, BES
Planning Technician
Peter Roberts
Student Planner
Attachments:
Della Ross, MA, MCIP, RPP
Manager of Development Review
Jeff Willmer, MCIP, RPP
Director of Planning
Proposed Site Plan submitted with application
Appendix A -Department Comments