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HomeMy WebLinkAboutDTS-08-173 - Demolition Control Application DC08/16/K/SR - 1167 King St E - M Tutuianuii ID ~_ ~... .~ REPORT Report To: Date of Meeting: Submitted By: Prepared By: Ward(s) Involved: Date of Report: Report No.: Subject: Development and Technical Services Committee November 17, 2008 Alain Pinard, Interim Director of Planning (519-741-2319) Sheryl Rice, Development Technician (519-741-2844) West -Victoria Park Ward (Ward 6) October 30, 2008 DTS-08-173 DEMOLITION CONTROL APPLICATION DC 08/16/K/SR 1167 KING STREET EAST MARIA AND IOU TUTUTANU RECOMMENDATION: That Demolition Control Application DC ~81161KISR requesting permission to demolish a building containing three dwelling units and a florist store, owned by Maria and Ion Tutuianu, located at 1167 King Street East, legally described as Plan 251 Part Lot 6 Part Lot 7 Part Street & Lane Closed, be approved in principle, subject to the following condition: 1) That the owner obtains site plan approval for the proposed commercial building. 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 commercial building 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, $20,400 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 on the south side of King Street East, between Ottawa Street and Sydney Street South. The neighbouring uses along this portion of King Street are predominantly commercial businesses, which include banks, offices, health offices, a gas bar and a restaurant. The original building on the subject property was constructed prior to 1921 as atwo-storey single family dwelling. There is no record of when the building was converted for multiple dwelling purposes. In 1960, aone-storey addition at the front residence was constructed for a beauty parlour. In 2000, the beauty parlour use was changed to a florist shop. The subject property is zoned Commercial Residential Four (CR-4) and is designated in the Official Plan as Mixed Use Corridor, within the King East Secondary Plan. The owner is proposing to demolish the building in orderto prepare the site for development of aone-storey commercial building to be used for a florist shop that will be operated by the owner on the main floor and a rental office in the basement. The owner is no longer proposing to retain the rental units but wishes to redevelop the commercial uses to provide better opportunity for an attractive streetscape with a newer building and to provide more accessible parking for the building tenants/customers. 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 order to assess whether or not the demolition is in the public interest, the proposal must be weighed against the seven criteria outlined in Council Policy I-1010: ~. Property Subject to the Ontario Heritage Act The subject property is not designated under the Ontario Heritage Act. 2. Architectural and Historical Value The City's Heritage Planner advises that there are no heritage concerns with the subject application. 3. Condition of the Dwelling A City Building Inspector has advised that the main building and the addition are in good repair and require very little maintenance work. He also comments that providing the property is developed as intended, he has no objection to the demolition of the building. 4. Neighbourhood and Streetscape Quality The neighbouring properties along King Street East are also zoned Commercial Residential and there are more commercial uses than residential uses, at this time. The proposed demolition of the mixed residential/commercial building and replacement with only a commercial use would not affect the quality of the streetscape or neighbourhood. 5. Timeframe of Redevelopment The ownerwould like to demolish the existing structure as soon as possible in orderto prepare the site for the proposed redevelopment. 6. Zoning Compliance of Proposed Use The proposed one-storey commercial building with a basement will be used for a florist shop (main floor) and an office (basement). Both uses are permitted in the CR-4 zone. However, the Floor Space Ratio proposed is 0.36 whereas the by-law requires 0.4, and six parking spaces are being proposed, whereas eight spaces are required. The owner has submitted an application to the Committee of Adjustment which will be heard at the December 9t" meeting. The circulation of the application has not been completed, but at this time Planning staff are of the opinion that the variance request is reasonable. 7. Neighbourhood Consultation At the time of the original application, a notification letterwas not circulated to neighbours as the ownerwas proposing to have one dwelling unit in the new building along with the florist shop. However, the owner has now advised that the proposed building will contain only a florist shop and an office. As all three dwelling units are being removed from the property, a copy of this staff report will be circulated to all property owners within 60 metres. Department/Agency Comments Heritage Planning staff has no concerns with the subject application. Building Division has indicated that the subject dwelling is in good repair, but that they have no concerns with the proposed demolition provided the property is redeveloped as proposed. FINANCIAL II~IpLICATIaNS: lWo new or additional capital budget requests are expected with this recommendation. C~I~I~1tJNICATI~NS: Preliminary circulation of the demolition control application was undertaken on October 15, 2a68 to internal agencies. Comments were received from two agencies see Appendix "C"}. C~NCLUS~N: Having considered the criteria established in Council Policy 1-1010, Planning staff are satisfied that the proposed demolition is justified considering that the intent of the zoning is that the uses be either a mixture of commercial andlor residential. The proposed building will be replaced with a permitted commercial development which .will provide for a newer building with more functional parking and thus a more attractive streetscape forthe neighbourhood. As such, Planning staff recommends that dernolitian control application DC48116{KISR, requesting permission to demolish a building containing three multiple dwelling units and a florist shop located at 1161 King Street East, be a roved subject to the condition outlined in the recommendation section ofthis report. ~~. '~~~~ ~~ Sheryl Rice, T Development Technician ~= ~ ~ ~ ~ f f ~. Della mRass, MA, M 1 P, RPP Manager of Development Review ~. 6 ~ Alain Pinard, MC1P, RPP Interim Director of Planning Attachments; • Appendix "A" -~ Existing Plan Appendix "B" --Proposed Site Plan • Appendix "C" --Internal Agency comments ~~ ~~ ~~ ~~ ,~ ~r - - ~_ - ~, .. V ~ M1 i ~ ~ N .~ F r ~ ! - '~ k ~~ ~ ry ~.y ~ 1 ( ~ ^~ _ . ~ 12T~! - 1 :} ; -iY ~ i ' [ ~ I 1 ~: _ ~1 ' ~` `. YKpT Sz2 i £ ry .~„~ t fi i F ,~ r 1 ey ~~ , ~ .. .~ ~ ' 4 'a ~ r W i ' _ ~ ~ ~ '~ 3 } ~ x r,a r c~ l \ 4} ; ' .• 1 1 i 21 ~ ~ i:;. t ` v Y r S y y ~ J s 1 •~ r -.)Y a~f Wrl 4 1.` ~ 1. 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