STAFF REPORT

December 8, 1999

To: Toronto Community Council

From: Acting Commissioner of Urban Planning and Development Services

Subject: Residential Demolition Application - 50 Lavinia Avenue

Ward 19 (High Park)

Purpose:

In accordance with former City of Toronto Municipal Code Chapter 146, Article II, Demolition Control, I refer the demolition application for 50 Lavinia Avenue to you to recommend to City Council whether to grant or refuse the application, including conditions, if any, to be attached to the permit.

Financial Implications and Impact Statement:

Not applicable.

Recommendations:

It is recommended that:

City Council authorize me to issue the residential demolition permit for 50 Lavinia Avenue subject to the standard conditions as set out in Chapter 146-16B(5) of the Municipal Code, specifically:

(1) That the applicant for the permit construct and substantially complete the new building to be erected on the site of the residential property to be demolished, not later than two (2) years from the day demolition of the existing residential property is commenced.

(2) That, on failure to complete the new building within the time specified, 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 twenty-thousand dollars ($20,000.00) for each dwelling unit contained in the residential property in respect of which the demolition permit is issued, and that such sum shall, until payment, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued.

Comments:

On November 17, 1999, Walter Bettio applied for a permit to demolish the residential building at 50 Lavinia Avenue. The existing residential building is a detached house containing one dwelling unit. Walter Bettio also filed an application with me to construct a replacement structure consisting of a detached house. Plan examination of the building permit application is currently underway to establish conformity with the Building Code Act, the Zoning By-law and applicable law.

In accordance with the former City of Toronto Municipal Code Chapter 146, Article II, Demolition, I refer the demolition application to you because I have received an objection from Karen E. Brant and Karma J. Tax of 48 Lavinia Avenue. The objectors are concerned with the effect the demolition and subsequent re-construction will have on the structural integrity of their home and driveway at 52 Lavinia Avenue and the likelihood of asbestos being present at 50 Lavinia Avenue. They are also concerned that they have not had the opportunity to view the plans of the new replacement building.

The structure is neither designated under the Ontario Heritage Act nor listed on the City's Inventory of Heritage Properties.

The Planning Act requires City Council to issue a demolition permit where a building permit has been issued for a replacement building on the property.

Conclusions

That City Council consider the application for a demolition permit for 50 Lavinia Avenue.

Contact:

Carlos Martins, Senior Plan Examiner

Telephone: (416) 392-7523

Fax: (416) 392-0721

E-mail: cmartins@city.toronto.ca

Pam Coburn

Director, South District and Deputy Chief Building Official

James Ridge

Acting Commissioner, Urban Planning & Development Services

C:\in\it005