Residential Demolition Permit Conditions -

2393 St. Clair Avenue West (Ward 12)

 The Committee recommends the adoption of the report (January 29, 1997) from the Commissioner of Urban Development Services:

 Origin: Commissioner of Urban Development Services (p:\1997\ug\uds\bld\nh970008.bld) - db

 Recommendation: That the request for extension of demolition permit conditions be refused, and that the City Clerk be directed to collect the charge of $20,000.

 Comments: On October 12 & 15, 1993, City Council approved the issuance of a permit to demolish the detached house at 2393 St. Clair Avenue West. The permit was issued on condition that a new building be erected no later than two years from the day demolition of the existing residential property commenced.

 The permit was granted on a further condition that upon failure to complete the new building within the specified time frame, the City Clerk shall be entitled to enter on the collector=s roll, to be collected in like manner as municipal taxes, the sum of $20,000 for each dwelling unit in the residential property in respect to which this demolition permit is issued and such sum shall, until paid, be a lien or charge upon 2393 St. Clair Avenue West.

 Demolition of the single family detached house commenced on September 7, 1994. The new building was required to be completed by September 1996. The foundations were poured, but construction was suspended and to date has not resumed.

 At its meeting of December 18, 1995, Council adopted AGuidelines for Considering Requests to Extend Residential Demolition Permits@, which read, in part:

 In general, Council will not extend the time period to rebuild unless:

 (i)Council is of the opinion, based on a letter from an appraiser appropriately accredited by the Appraisal Institute of Canada, provided at the sole expense of the applicant, that the project cannot economically proceed in its present form; or

(ii)There has been a change in the circumstances beyond the control of the applicant, such as a labour dispute or AAct of God@.

 On April 17, 1996, I wrote to the owner and applicant to remind them of Council=s conditions and inform them of Council=s extension policy. On June 26, 1996, the owner wrote to request an extension. The owner stated that the construction was suspended due to economic reasons, but did not include the appraisal letter. Despite several requests the required letter from an appraiser has not been provided. As the appraiser=s letter is required to comply with Council=s criteria for extension, I recommend that the request be refused and that the City Clerk be directed to enter on the collector=s roll the charge of $20,000.

 The Committee resubmits Clause 3 of Report No. 12 of the Neighbourhoods Committee:

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 The Committee recommends that City Council approve the issuance of a demolition permit respecting the residential property at 2393 St. Clair Avenue West, on the following conditions:

 that the applicant for the demolition permit constructs and substantially completes the new building to be erected on the site no later than two years from the day demolition of the existing residential property is commenced, and on the further condition that upon failure to complete the new building within the specified time, the City Clerk shall be entitled to enter on the collector's roll, to be collected in like manner as municipal taxes, the sum of $20,000.00 for each dwelling unit in the residential property in respect of which the said demolition permit is issued and such sum shall, until payment thereof, be a lien or charge upon the land in respect of which the said demolition permit is issued, and that the Commissioner of Buildings and Inspections be directed to issue the permit bearing upon it the said conditions.

 Premises No. 2393 St. Clair Avenue West (File No. 34-93)

 Buildings and Inspections (March 4, 1993) - January 22, 1993 application to construct 3 storey retail and dwelling building. An order dated September 26, 1988 was issued under Housing By-law #73-68 listing 6 items of disrepair. Only Health and Safety items are enforceable. (September 29, 1993) - Building Permit with Cashier.

 Parks and Recreation (March 10, 1993) - No City-owned trees involved.

 Council Action - October 12 and 15, 1993

 This Clause was adopted unanimously as follows:

 Yeas:Rowlands, Tabuns, Disero, Gardner, Hall, Levine, Rae, Maxwell, Silva, Amer, Adams, Ellis, Walker, Jakobek, Boytchuk, and O'Donohue - 16.

 The Committee also submits the communication (June 28, 1996) from Joao Dinis:

 Residential demolition permit no. 345-606 commenced on September 7, 1994.

 The conditions attached to permit no. 345-606 requires that the new building be substantially completed prior to September 7, 1996.

 The foundations for the new building were poured and work was suspended due to financial difficulties and the overall economic situation.

 I am hoping that my financial situation will improve and will allow me to recommence construction within the next year.

 I therefore request Council to grant a one year extension of the conditions so as to allow the new building to be substantially completed prior to September 7, 1997.

 Should my situation not improve during the next year I will request an extension 60 days prior to September 7, 1997.

 CCCC

 (COUNCIL ACTION - FEBRUARY 24, 1997)

 Councillor Disero moved that the Clause be resubmitted to Council on September 22, 1997; which Council adopted