Report
to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de
l'environnement
and
Council / et au Conseil
1 February 2010 / le 1 février 2009
Submitted
by/Soumis par : Councillor/Conseillère Christine Leadman
Contact
Person/Personne ressource : Councillor/Conseillère Christine Leadman,
Kitchissippi
613-580-2485,
Christine.Leadman@ottawa.ca
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Ref N°:
ACS2010-CCS-PEC-0003 |
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SUBJECT: |
Exemption from the Demolition Control Process for 51 Pinhey Avenue |
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OBJET : |
Exemption au processus de démolition pour
la propriété située au 51, avenue Pinhey |
REPORT RECOMMENDATION
That the Planning and Environment Committee recommend Council approve that 51
Pinhey Avenue be exempted from the requirements set out in the Demolition
Control By-law to enable the demolition of the building by the City without
further delays.
RECOMMANDATION DU RAPPORT
Que le Comité de l’urbanisme et de
l’environnement recommande au Conseil d’approuver la demande visant à exempter
la propriété située au 51, avenue Pinhey de se conformer aux exigences établies
dans le Règlement sur les démolitions, en vue de permettre la démolition
immédiate de l’édifice par la Ville.
BACKGROUND
At the 12 January
meeting of the Planning and Environment Committee, Councillor Feltmate, on
behalf of Councillor Leadman moved the following notice of motion:
WHEREAS demolitions of residential dwelling units, located in the former
City of Ottawa, are subject to the Demolition Control process as set out in the
former City of Ottawa Demolition Control By-law;
AND WHEREAS a residential dwelling unit located at 51 Pinhey Avenue in
the Kitchissippi Ward 15 is in an advanced state of disrepair and the proposed
cost of remediation would exceed the building’s value;
AND WHEREAS the building has been neglected by its owner(s) and has been
vacant and unheated since 2005 and orders to repair or demolish remain
outstanding;
AND WHEREAS the requirement to demolish the building is inevitable and
proceeding to demolish the building now will expedite the redevelopment of the
lot;
AND WHEREAS the building is not of heritage interest;
THEREFORE BE IT RESOLVED THAT 51 Pinhey Avenue be exempted from the
requirements set out in the Demolition Control By-law to enable the demolition
of the building by the City without further delays.
DISCUSSION
PLANNING AND GROWTH MANAGEMENT COMMENTS
The Department of Planning and Growth Management supports the
motion in view of the compromised condition of the building structure and its
hazardous condition. 51 Pinhey has been vacant and unheated
for a number of years and is not of heritage significance. The exemption from the Demolition Control
By-law will facilitate and expedite the demolition of the building. In addition,
in accordance with the Building Code Act, the municipality will have a lien on
the lands for the amount spent on the demolition of the building and
restoration of the site, should the City require to proceed to demolish the
building as a result of non-action by the owner.
There are
no rural implications.
CONSULTATION
No external consultation was undertaken as this item was added at the
meeting.
LEGAL/RISK IMPLICATIONS
Pursuant to various provisions under the Building
Code Act, including Sections 15.4, 15.9, or 15.10, the City, through the
Building Code Services Branch, or through the Emergency and Protective Services
Branch (Property Standards By-law), as the case may be, order a property owner,
upon certain conditions being met, to demolish a building, failing which the
City can carry out the demolition. The Building
Code Act provides that the City is not liable to compensate the
owner, occupant or any other person by reason of anything done by or on behalf
of the municipality in the reasonable exercise of its powers.
FINANCIAL IMPLICATIONS
Funds are available in the Building Code
Services Branch operating budget and will be recovered from the
owner of the property should
the City require to proceed to demolish the building as a result of non-action
by the owner.
Building Code Services Branch will inform the property owner.