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Home My WebLink AboutDTS-09-104 - DC - 65 Weber Street EastDevelopment& Techrrica~ Services Report To: Mayor Carl Zehr and Members of City Council Date of Meeting : Jun 29, 2009 Submitted By: Alain Pinard, Interim Director of Planning (519-741-2319) Prepared By: Garett Stevenson, Planning Technician (519-741-3400 x 3158) Ward(s~ Involved: Bridgeport-Centre Ward (Ward 1) Date of Report: June 17, 2009 Report No.: DTS-09-104 Subject: DEMOLITION CONTROL 65WEBER STREET EAST ESTATE OF OTAKAR BURYANEK 13-1 RECOMMENDATION: That Demolition Control be granted, to permit the demolition of one (1} single detached dwelling located at 65 Weber Street East, owned by the Estate of Otakar Buryanek, legally described as PLAN 3l2 PT LOT 10, without conditions. BACKGROUND: The subject property is located on the southwest side of Weber Street East, near the intersection of Weber Street East and Scott Street. The subject property is located within the Market District Downtown Neighbourhood. The property has one (1) single detached dwelling that is approximately one hundred years old. The surrounding area is comprised of a variety of uses including low and medium rise office towers, surface parking lots (future location of the new Provincial Court House), and low-medium density residential dwellings. The subject property is designated as Commercial Residential in the Official Plan and zoned Commercial Residential Zone (D-5) in the Zoning By-law. The existing residential dwelling is proposed to be demolished and there are no plans to redevelop the site at this time. The building is currently unoccupied and is located adjacent to two other undeveloped sites. The two neighbouring residential buildings located at 59 Weber Street E and 61 Weber Street West were demolished in 2007. The building is subject to numerous outstanding property standards orders and is in poor condition. Planning Staff have not received an application for demolition control at the time of writing this report. Staff are anticipating the receipt of the application prior to consideration by Council. 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. The property is currently in poor condition. Planning staff advises that from past experience demolition is not always followed by timely redevelopment, even if a building permit is issued. In order to ensure timely development, Planning staff often recommends a condition requiring the owner to obtain a building permit. Upon issuance of a building permit, a demolition permit may be issued subject to a significant fine if reconstruction has not been significantly completed within 2 years. A City building official has stated that the building is in poor condition in it's current state and is subject to numerous outstanding property standard violations. Planning Staff do not want to encourage vacant parcels within the downtown, but the building poses a safety hazard and does not contribute to the urban vitality of the downtown community. If the building is demolished, the site would have the potential to be consolidated with neighbouring vacant parcels for redevelopment. Seven criteria, as outlined in Council Policy I-1010, are used to evaluate the appropriateness of an application to demolish a residential property in circumstances where no building permit will be issued for a new building on the site. 1. Property Subject to the Ontario Heritage Act 13-2 This residential dwelling unit located at 65 Weber Street East is not listed on the Heritage Kitchener Inventory of Historic Buildings and 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 this property and has no objections to the demolition. 3. Condition of the Dwelling A Building Inspector visited the subject properties on June 16, 2009 and commented that the building is in poor condition. Enforcement staff have commented that the building is subject to numerous outstanding property standards violations. 4. Impact of Demolition on Abutting Properties, Streetscape, and Neighbourhood Stability It is Planning staff's opinion that the dwelling be demolished in order to comply with the outstanding property standards order. 5. Timeframe of Redevelopment There are no current redevelopment plans for the site. 6. Proposed Use In Terms of Zoning and Compatibility with Ad jacent Properties The subject property is designated as Commercial Residential in the Official Plan and zoned Commercial Residential Zone (D-5) in the Zoning By-law. 7. Neighbourhood Consultation No circulation was made to the public as residential building is in poor condition and the demolition is pursuant of an outstanding property standards order. .~ { .r .~ 1 _~* ~ ~~ uP~MT. t. ~ h, {^ ~~. 1, ~ ~~~111444 ¢ ~ ,4' ~~ Ii 'e '1~1 ~ i~ i~ ~ i i ~ ~~ ~ # ~ ~ ~~ V J ~ v I' 3 r ' " L { ~1' ~~T .r~ ft~`,' ~ ~ ~ S ! T ~ ~~ ~ ~« Ar a ,, *~~~~~, A:' • ~ +~ T 7 '1 ~, ~ 1' ~•C 1~ r s j T4 +1'~+ .4F 4 j ~,{ ~r It~ f ~, ~ ;~. 1` f ~ ~ ~.. ~. ~,~~ ~ LT, ~ { ~ .f - 11 .« ~ _ ~ ,~. ~ .,fir +~ ~~ . _ i I 3 6 ~~ t . ~' ~ 'j4 ~.'~ ~ '~•. ~ 4.~__ ` 1 _ ~ • ~I % •,~ wy ' ~ 1~ t ~ ~ ~ ~. ~ ~* ~.:~1 j ~ I.~ 1 '" t ~~-i' yam,. r~ 1 5 %C ~ 5 ~ ,•yy. . Y 1~ i K r ~ ~ .~ ~ }~ ~ ~ ii~~ .~ `. ~.. n.` ~ ~~ y y .t ~ ` T f Y ~ ~. .. 1 -:µ M. . 'v -4 ~ Y.~~ ~ ~'~~~ t ~ .s. T~ y ~. ' ~' e;/e .! ' f~~ ~ ( ~,~ `±n., .` w ~ a wy. '~ ~ ~"' pt / , _ '~ 1 ,. ~. ,s ~t, - St «T «T ~. ~ i • ~r I ~ , r ~ `fir f. iF ~ ,, ~ yj,;;~t'iI ~ `<d{~ .,' ,y, r~~~+r ' yF ~., v ~~ %, a ~ r ~' ,~ ,~.~+;'~; .ni .t4, ~:.;r `~;a » ~ 1t jt , b ~ ki j! +~ 1,~ y:j .e t ,~ 1 ~ + ~ T ,' ~~ ^~ .. ~: a ~ ~t~ `~~ era ~ ~~.. . . ~,L `a'~ ,. , ~ W .~ ^e-`° tS' .`:• ~4.; ~L' . M i~ r F';' ~ Y ~'#~ -rmr-~ a.uly w~ 113 `_b ~~Flt. •1 't~4 _ de 11;1~'.r 1'~' ~, 'Y y~ ,,J •2. x' ~r.i 9 k r i1~~ Y W 1~ A! a ', iN ,eC.~ t 7~~ l ?, ~~ ~ , }+ , ;, ., 1 .~ . ~ ~ , , ,, ~., .. _ i 13-3 Heritage Comments The City's Heritage planner commented that the property is not listed on the Heritage Kitchener Inventory of Historic Buildings and because the front elevation of the building does not suggest a rare or unique form of architecture, Heritage Staff has no concerns with the proposed demolition. Fire Comments Fire has no comments with regard to this demolition. Engineering Comments The Engineering Division commented that any redundant driveways are to be closed with new curb and gutter and boulevard landscaping, all to City of Kitchener standards, at the owner's expense. In addition, the owner is required to make satisfactory financial arrangements with the Engineering Division for the removal of any redundant service connections. Building Inspector Comments A City of Kitchener Building Official conducted a site inspection of the property on June 16, 2009. The property has been developed with a two and a half storey Victorian style home with a brick exterior and an attached single car garage. The garage is poor condition. The front covered flat roof porch has been removed from the dwelling. There are discarded vehicles in rear yard. The building appears to be vacant and two hydro meters have been removed. The brick exterior is in generally good condition, with exception of brick missing above the front entry door. The main floor windows have been blocked in with plywood and the rear wood-framed sun porch is severally deteriorated and is in poor condition. Various areas of soffit on the dwelling are in poor condition and there is evidence of holes in the roof at various areas of overhang. The rear of the building is not secured. The inspector did not have access to the interior of the buildings at the time of inspection. The Building Division has no objections to the demolition of this home. Note that a demolition permit will be required, please contact 519-741- 2433for more information. Enforcement Comments The City is working towards demolishing this building pursuant to an outstanding Property Standards Order. The owner has indicated a willingness to work with the City and has indicated his agreement that the building needs to come down as soon as possible. The Owner told the City that he is prepared to move forward immediately. The owner failed to meet the June 12, 2009 deadline to file an application for demolition control. Legal Comments Subject to Section 15.4(1) of the Building Code Act, the City has the authority to make a recommendation to Council under demolition control without the owner's authorization. Section 15.4(1) of the Building Code Acts states that "If an order of an officer under section 15.2 (2) is not complied with in accordance with the order as deemed confirmed or as confirmed or modified by the committee or a judge, the municipality may cause the property to be repaired or demolished accordingly." Under this authority, the City has the power to make application on behalf of the ownerfor demolition control. FINANCIAL IMPLICATIONS: No new or additional capital budget requests are expected with this recommendation. COMMUNICATIONS: 13-4 No neighbourhood circulation was made as part of this application. All property owners within 60 metres of the subject property will receive notice of the Development and Technical Services meeting dealing with this application for information only. CONCLUSION: Planning staff is satisfied that the proposed demolition is justified. As such, staff recommends that Demolition Control be granted, to permit the demolition of one (1 ~ single detached dwelling located at 65 Weber Street East, owned by the Estate of Otakar Buryanek, legally described as PLAN 372 PT LOT 10, without conditions REVIEWED BY: Della Ross, Manager of Development Review ACKNOWLEDGED BY: Jeff Willmer, Interim General Manager Develo ment and Technical Services De artment Atta~hmPnt~~ • Appendix "A" -Demolition Plan • Appendix "B" -Copy of Internal Comments 13-5