The Toronto Community Council recommends that City Council refuse to issue the residential demolition permit for 292 Bathurst Street.

The Toronto Community Council submits the following report (March 5, 1998) from the Commissioner, Urban Planning and Development Services:

Purpose:

In accordance with former City of Toronto Municipal Code Chapter 146, Article II, Demolition Control, I refer the demolition application for 292 Bathurst Street to you to recommend to City Council whether to grant or refuse the application, including conditions, if any, to be attached to the permit.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

That City Council refuse to issue the residential demolition permit for 292 Bathurst Street.

Comments:

On November 3, 1997, Sam Tom applied on behalf of the owner, Tai Bay Buddhist Temple, for a permit to demolish the residential building at 292 Bathurst Street. The vacant building used to contain a single dwelling unit. The owner does not have any current plans to construct a replacement structure on the property.

The Planning Act allows that where no building permit has been issued for a replacement building on the property, City Council may issue or refuse to issue a demolition permit.

Section 6.19 of the Official Plan of the former City of Toronto states:

It is the policy of Council not to issue demolition permits for the demolition of residential property containing dwelling units where, pursuant to the Planning Act, it is lawful to refuse their issuance, and where, in the opinion of Council:

(a) such demolition is not to be followed within a reasonable period of time either by new development on the lot which contains the residential property, or by the reuse of the lot in accordance with the Zoning By-law; or

(b) such demolition would result in:

(I) the loss of residential property or dwelling units in good structural repair; or

(ii) the loss of residential property or dwelling units which serve a necessary social housing need; or

(iii) the undue hardship of relocation upon the occupants of the building to be demolished.

The owner's architect, Sam Tom, has written to me to express his concern that the building is unsafe to occupy. Section 15(2) of the Building Code Act defines unsafe as:

(a) structurally unsound or faulty for the purpose for which it is used; or

(b) in a condition that could be hazardous to the health or safety of persons in the normal use of the building, persons outside the building or persons whose access to the building has not been reasonably prevented.

My staff inspected this property on November 18 and 25, 1997, and found that although the building was in need of repair, the structure appeared to be sound, rather than unsafe. The owner has been asked to provide a report from a structural engineer identifying the specific elements of concern, however, I have not received this report.

Conclusions:

In light of the policy embodied in the Official Plan of the former City of Toronto, I recommend that City Council refuse to issue the demolition permit.

Contact Name:

David Brezer, P.Eng

Telephone: (416) 392-0097

Fax: (416) 392-0721

E-mail: dbrezer@city.toronto.on.ca

(A copy of the Demolition Permit Application referred to in the foregoing report is on file in the office of the City Clerk).