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Demolition Control By-law 1997-183 - 12 Kingsway Crescent
The Etobicoke Community Council recommends the adoption of the following report (February 18, 1998) from the Commissioner of Urban Development, Etobicoke:
Purpose:
To seek Council direction with respect to a request by the owner of 12 Kingsway Crescent to issue a demolition permit in an area covered by a demolition control by-law.
Funding sources, financial implications and impact statement:
There will be financial costs associated with the registering of a notice on title should Council choose to do so.
Recommendations:
It is recommended that:
(1) the demolition permit for 12 Kingsway Crescent be issued when a building permit has been released;
(2) Council impose a condition to the demolition permit requiring the construction of the new dwelling to be substantially completed by two years from the date of issuance of the permits; and further that the sum of up to $20,000.00 be charged in the event of failure to complete the construction within the specified time; and
(3) the City Solicitor be instructed to register notice of the condition on title.
Background:
Demolition Control By-law No. 1997-183 was passed in September 1997, in order to prohibit the demolition of the existing single detached dwelling at 12 Kingsway Crescent, located on the southwest corner of Kingsway Crescent and Strath Avenue, until such time as the owner of the lands obtained a building permit to erect a new dwelling on the site (Exhibit No. 1).
The owner of the property, Janet Hilson, has subsequently applied for a demolition permit (B-84286) and a building permit (B-85237).
Comments:
The Planning Act provides that where a building permit for a replacement structure has been issued, Council must release a demolition permit. However, Council may impose a condition on the demolition permit which would require the applicant to construct and substantially complete the new building within a time period of no less than two (2) years from the date of issuance of the demolition permit. If the applicant fails to comply with this condition, Council may impose a penalty of up to $20,000.00 per dwelling unit demolished, to be paid in a manner similar to property taxes. In order to impose this condition, Council would instruct the City Solicitor to register notice of the condition against the title of the property.
The owners of the property had applied to the Committee of Adjustment for a variance to permit an increase in the permitted floor space of the proposed dwelling. This request was refused and the owners have appealed Committee=s decision to the Ontario Municipal Board.
Conclusion:
Demolition Control By-law No. 1997-183 was enacted by Council in response to concerns expressed by area residents that the existing dwelling at 12 Kingsway Crescent could be demolished without the assurance that a new dwelling would be constructed and that the property would be left vacant for an extended period of time.
In the event that Council deems it appropriate to impose a penalty notice on the subject lands, Council should establish a time period within which construction of the new dwelling must be substantially completed (no less that two (2) years); and determine the amount of the penalty (no greater than $20,000.00).
Contact Name:
Jacquelyn Daley - Tel. (416) 394-8229 Fax (416) 394-6063
Planner - Central District, Development and Design
(A copy of Exhibit No. 1, referred to in the foregoing report, was forwarded to all Members of Council with the agenda of the Etobicoke Community Council meeting of February 18, 1998, and a copy thereof is on file in the office of the City Clerk.)
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