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HomeMy WebLinkAboutDTS-10-011 - Request for reconsideration, demolition control app, 110 Madison Ave SI~TC~R .. ~ . Deve!©pment& Techrrica~ Services Report To: Development & Technical Services Committee Date of Meeting: January 25, 2010 Submitted By: Alain Pinard, Interim Director of Planning (519-741-2319) Prepared By: Garett Stevenson, Planning Technician (519-741-3400 x 3158) Wards) Involved: West -Victoria West (Ward 6) Date of Report: January 19, 2010 Report No.: DTS-10-011 Subject: AMENDMENT TO COUNCIL'S DECISION OF APRIL 27, 2009 REGARDING DEMOLITION CONTROL APPLICATION DC09/03/M/GS 110 MADISON AVENUE SOUTH CRISTINA NICOLI ~~ ~$~ ~~~ ~~~ ~~~ ~$$ ~~~ ~~$ ~~~ ~~ ~$ $~ ~~~ ~, ~~~ ~~ ~ ~ ~} ~ ~~ ~~ ;. ~,~ ~~~ ~~ ~~~ ~ ~~~ ~$ ~~~ ~~$ ~~~ ~~~-~~$ ~~~ ~ ~~ ~~~ ~~~ ~~~ ~~~ Subject Property ~~$ ~~~ 110 Madison Ave S ~~~ ~~$ ~~~ RECOMMENDATION: That Council's motion adopted April 27, 2009 regarding Demolition Control Application DC09/03/M/GS for one ~1) single detached dwelling located at 110 Madison Avenue South, owned by Cristina Nicoli, legally described as PLAN 395 LOT 11, be amended by removing any reference to conditions. 6-1 BACKGROUND: The Council of the Corporation of the City of Kitchener at its meeting held April 27, 2009 passed a resolution for Demolition Control Application DC091031M/GS requesting permission to demolish one (1) single detached dwelling located at 110 Madison Avenue South, owned by Cristina Nicoli, legally described as PLAN 395 LOT 11, be approved, subject to the standard two year redevelopment condition. The approval condition requires that the Owner obtain a building permit for a new dwelling prior to obtaining a demolition permit. The demolition permit would then set out the condition imposing a fine of $20,000 per demolished dwelling unit ($60,000 total) if redevelopment is not substantially complete within two years after the demolition permit is issued. The staff report and resulting Council resolution are attached for reference. Subsequent to that decision, the Owner has requested an amendment of that decision (see November 23, 2009 letter attached). The Owner is now proposing to demolish the existing single detached dwelling on the site without redeveloping the property. REPORT: The Owner is not able to secure financing in order to facilitate the redevelopment of the property with amulti-unit residential development as previously proposed. The Owner now intends to demolish the building and sell the property through private sale. The Owner has requested an amendment to the April 27, 2009 decision which included the standard two year redevelopment demolition condition. The Owner is proposing that the building be demolished immediately and the property can be sold without conditions. At the time of the original demolition application, a City Building Inspector examined the interior and exterior of the existing dwelling and stated that the building is unfit for occupancy due to the deteriorating conditions of the structure. The overall condition of the building is poor. At the time of the inspection all services had been disconnected. Neighbouring landowners have filed complaints with the City's By-Law Enforcement Department and have cited concern for the condition of the building and the property. At the time of the original demolition application, neighbouring landowners called and wrote the Planning Department to voice their support for the demolition. The subject property is within the Cedar Hill Planning Community and is subject to a City initiated Zone Change (ZC05/06/C/CB) which was approved by Council in 2005 as Zoning By- law 2005-91 and subsequently appealed to the Ontario Municipal Board (Board). A Hearing was held on May 5, 2009 and a decision has yet to be issued by the Board. In cases where a Zoning By-law was been appealed, the previous zoning regulations apply, which is Interim Control By-law 2004-85. As such, the Owner can only redevelop the property with a single detached dwelling unit without applying for a Zone Change application. Options The following options may be considered by Council: 1. Amend the April 27, 2009 decision as requested by Owner, and eliminate the standard redevelopment condition. This would allow the Owner to obtain a demolition permit and demolish the existing residential building. 2. Amend the April 27, 2009 decision and amend the condition to allow a longer time period for redevelopment. As Council Policy only allows for up to a two year time period for redevelopment, the greatest time that could be permitted is two years from the date of the amended decision. This is problematic for the Owner in that it still requires the 6-2 Owner to obtain a building permit for a new dwelling prior to obtaining a demolition permit. The Owner is not in a position to apply for a building permit because of the zoning restrictions on the property and well as the inability to secure the financial resources for construction of the new building. 3. Take no action and thereby reaffirm the April 27, 2009 decision. The Owner may exercise their right of appeal to the Board. The appeal process can take 6-18 months and it is likely that the vacated building would be boarded up in the meanwhile, until a decision is issued. Staff comments It is not reasonable to require the Owner to prepare building plans and pay all associated fees in order to obtain a building permit before issuing a demolition permit because the Owner cannot secure necessary finances to redevelop the property and the existing building is in poor condition and is currently serving as a determinant to the surrounding community. Given the existing Interim Control By-law, until a decision is issued by the Board with regard to the appealed City-initiated zone change, the only redevelopment that can occur on the site is a single residential unit. Council and the community can take some comfort in the knowledge that it is in the Owner's interest to proceed with the demolition and clean up of the site. When considering the competing interests, the prospect of a vacant lot awaiting redevelopment on this site is considered preferable to a vacant boarded up building within a residential neighbourhood. FINANCIAL IMPLICATIONS: No new or additional capital budget requests are expected with this recommendation. COMMUNICATIONS: All property owners within 60 metres of the subject property will be circulated an information letter and information regarding the date and time of the Committee/Council meeting dealing with this application. CONCLUSION: The property owners are requesting an amendment of the April 27, 2009 decision for the removal of a condition of approval requiring that prior to obtaining a demolition permit they obtain a building permit for redevelopment, and that redevelopment be substantially complete within two years. REVIEWED BY: Della Ross, Manager of Development Review ACKNOWLEDGED BY: Jeff Willmer, Interim General Manager Develo ment and Technical Services De artment Attachments: Appendix A - Correspondence dated November 23, 2009 from Christine Nicoli Appendix B - Decision of City Council April 27, 2009 Appendix C - Report DTS-09-058 considered at the August 10, 2009 Development and Technical Services Committee and August 24, 2009 Council meeting 6-3 DTs ~epo~t No. ~~s - ~ ~ (~1~ ~I Appendix ~" ~6 OEVEIOPMFNiB iECHNICALSEANCES OEP-... `I PLANNING OMSION _ _. _ _. _. .. ........__.._....... . __ ___ __ __ _ _ __ __ -~,Vf C`~1~, ~~ ~f~ ~ `~t'Q ( ~~ G~' G~UF~Lt`E?L~ C~~tR°~l t _ _ ~De~t~cnc ~~~' ~u~~e~ ~ , ti( ~2~~ ~o-~a ~-~ _ _ __ ~~ ~~ ~~~ ~ ~ ~- ~ ~~c~~r~~ ~,~ Cd~l S'fll/1Gt /Y l~D~ - - - r ~---- _ _ _ 5 -_ 4 __ _ __ __ l I~TC~~R Corporate Services ~, DTS Report No. DTS ®~~ @~ Appendix " °` City of Kitchener Glty Ha!!, 2a0 King St. UVest P.G. fox ~ ~ ~8 Kitchener, GN N2G 4Gl pa~~: Apri128, 209 To: Alain Pinard, ~nterir~ Director of Planning From: D. 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