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HomeMy WebLinkAboutPD-62-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: DEMO.GPA ® REPOR T General Purpose and Administration istrration Committee N G Meeting: p File # Date: Monday, May 6, 1996 Res. #L_Ood Report #: PD -62 -96 File #: DE 96 -001 By -law # Subject: DEMOLITION APPLICATION UNDER THE RENTAL HOUSING PROTECTION ACT APPLICANT: 1151088 ONTARIO INC. PART LOT 28, CONCESSION 5, FORMER TOWNSHIP OF CLARKE 5367 MAIN STREET, ORONO FILE: DE 96 -001 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -62 -96 be received; 2. THAT the application to demolish five apartment units under Section 4(1) (a) of the Rental Housing Protection Act submitted by 1151088 Ontario Incorporated be APPROVED; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. 1.1 1.2 1.3 APPLICATION DETAILS Applicant: 1151088 Ontario Incorporated Agents: Application: 1.4 Site Area: Jeff Westbrook and David Marsh An application under the Rental Housing Protection Act to demolish five apartment rental units damaged by fire. 0.11 hectares (0.27 acres) 2. LOCATION 2.1 The subject lands are located at 5367 Main Street, at the northeast corner of Main and Centre Streets in Orono. The applicant's land holdings total 0.11 hectares (0.27 ac). The legal description of the property is Part Lot 28, Concession 5 in the former Township of Clarke. 2 531 REPORT NO. PD -62 -96 PAGE 2 3. BACKGROUND 3.1 On March 15, 1996, Jeff Westbrook and David Marsh filed an application under Section 4(1)(a) of the Rental Housing Protection Act on behalf of 1151088 Ontario Incorporated with the Municipality of Clarington to demolish part of an apartment building containing five apartment rental units that were damaged by fire. Applications to demolish housing rental units are subject to the provisions of the Rental Housing Protection Act and are subject to Council approval. 3.2 The remaining portion of the building contains eight apartment units. One unit is currently being rented to the building superintendent. The applicant intends to rent these units once the damaged portion of the building is demolished. 3.3 The applicants have indicated that they do not wish to rebuild the five apartment units but purpose to establish a parking lot to provide parking for the future residents of the eight remaining apartment units. Currently, residents must park on the streets as the subject lands cannot accommodate sufficient on -site parking. 0 4.1 4.2 5 5.1 EXISTING AND SURROUNDING USES Existing Uses: Multi -unit apartment building Surrounding Uses: East: North: West: South: OFFICIAL PLAN POLICIES Post office Urban residential Commercial, residential and open space Commercial and residential Within the existing 1991 Durham Region Official Plan, the subject lands are designated "Living Area ". The existing residential use conforms with the policies. 532 ....3 REPORT NO. PD -62 -96 PAGE 3 5.2 The subject lands are designated "Local Central Area" within the Clarington Official Plan. These areas shall develop as mixed uses areas containing commercial, residential, recreational, community, cultural, and institutional uses serving the day -to- day needs of surrounding residents. The existing use conforms with the relevant policies. 6.1 The subject lands are currently zoned "Commercial Exception (C1 -2) Zone" which permits dwelling units existing prior to the passing date of this by -law. The existing use complies with the zoning by -law. The zoning by -law also permits a parking lot on the property. 7. PUBLIC NOTICE AND SUBMISSION 7.1 In accordance with Council procedure and the requirements of the Rental Housing Protection Act, R.S.O. 1990, the notice of Public Meeting was placed in the Orono Times Weekly and the Canadian Statesman, newspapers which were deemed to appropriately notify all residents. The required notice was mailed to the existing tenant by both the Municipality and the applicant as required by the Act. 7.2 As of the writing of this report, the following inquiries have been received: • A representative from the Orono Post Office verbally indicated some concern with the parking area proposed by the applicants. The post office is situated directly to the east of the property and was severed from the subject lands. An easement is registered on the north part of the post office lands to permit access to the subject lands. If the applicants develop a parking lot on the subject lands, the post office is concerned over the increased use of this easement and its possible blockage by cars. ....4 533 REPORT NO, PD -62 -96 PAGE 4 A subsequent inquiry for information was received from the Canada Post Real Estate Services Branch. Staff explained the application and discussed the issues surrounding the easement. No further inquiries have been received either from the Orono Post Office or Canada Post head office. A letter was received by the Planning Department from residents adjacent to the north of the proposed demolition. They do not object to the application but have the following concerns (See Attachment #3): i. The building should be demolished quickly because of the danger posed by falling debris such sheet metal and pieces of concrete. This danger and the delay of the demolition work does not permit the residents to plant their garden or use their back yard. Stray animals in the building are causing inconvenience; and, ii. The southern property line is now enclosed partially through fencing and the building. When the building is demolished, only portions of the southern property line will remain enclosed through fencing. The applicant has apparently assured the resident that a privacy fence would be erected along the resident's southern property line. 8. AGENCY COMMENTS 8.1 The application was circulated to solicit comments from other relevant agencies. The Durham Regional Planning Department was circulated the application but verbally indicated no concerns. The Regional Plan does not contain any policies relating to demolition applications under the Rental Housing Protection Act. They did however indicate that Council should be satisfied that the loss of the rental units should not negatively impact the rental housing supply in Clarington. 8.2 The application was circulated to the Rent Control Programs Branch of the Ministry of Municipal Affairs and Housing which administers the Rental Housing Protection Act (RHPA). The following comments were received: ....5 534 REPORT NO. PD -62 -96 PAGE 5 The Housing Policy Statement - 1995 Information Bulletin defines an affordable rent in the Greater Toronto Area, which includes the Municipality of Clarington, as $1100 or less. The rents of these two and three bedroom units to be demolished ranged between $540 to $650 per month. In the view of the Ministry, all of these rents are affordable. Section 8(1) of the Regulations under the RHPA state that the council of a municipality shall not approve an application under the Act unless the council is satisfied that at least one of the following three criteria is met: 1. Council finds that, L a rental property for which an application is made is structurally unsound; or, ii. a rental property for which an application is made for renovation or repair is structurally unsound at the time of the application and will continue to be structurally unsound if the renovation or repair proposed by the applicant is not carried out and, in the case where tenants are in occupation of the unit, that vacant possession is required to effect the renovation or repair. 2. The applicant agrees, i. to provide the same number of new rental units in a similar rental range and in the same area as those for which approval is given; and, ii. to provide rental accommodation in the same area of similar quality and rent, either in the new rental units or in other existing rental property, to any tenant who is required to give up possession of a rental unit as a result of the approval. 3. In the opinion of council, the proposal does not adversely affect the supply of affordable rental housing in the municipality. ....6 53'D REPORT NO. PD -62 -96 PAGE 6 The second criterion is irrelevant to this application. The first and third criteria are both applicable but only one criterion is necessary for Council to consider approval of the proposed demolition. If the first criterion is to be considered, Council could request the applicant to have a physical inspection completed and a report prepared indicating whether the building proposed for demolition is structurally sound. Authority for such an inspection and report is provided under Section 11 (4) of the RHPA. If the third criteria is to be considered, Council may approve the application, if in its opinion, the loss of these five affordable rental units does not constitute an adverse impact on the supply of affordable rental housing in Clarington. After considering all three criteria, Staff feel that the third criterion is the most appropriate way to deal with this application. 8.3 Discussions with the Durham Regional Public Works Department have indicated no objections subject to the following conditions: • that a road occupancy permit be obtained for any construction vehicles, machinery or demolition apparatus occupying the Regional Road #17 (Main Street) road allowance; and, • that the applicants contact the Durham Regional Works Depot in Orono to terminate sewer and water services to the building being demolished. 8.4 Although comments are still remain outstanding from the Clarington Public Works Department, discussions indicate no objections to the demolition provided that issues relating to the parking lot and the easement are resolved. ....7 -936 REPORT NO. PD -62 -96 PAGE 7 9. STAFF COMMENTS 9.1 As previously indicated, Staff feel that the third approval criterion is the most appropriate way to deal with this application. This criterion states that the application may be approved if in Council's opinion the demolition does not adversely affect the supply of affordable rental housing in the municipality. Discussions with a representative of the Rent Control Programs Branch at the Ministry of Municipal Affairs and Housing indicate that a demolition application could be approved if the vacancy rates for rental units within a given category is above 2.5 to 3.0 %. Information on vacancy rates for private apartment buildings containing three or more units is provided by the Canada Mortgage and Housing Corporation. The latest surveys prepared for April 1995 and October 1995 indicate that the vacancy rate for this rental unit type in Clarington was 3.1 % and 3.5% respectively. Staff are of the opinion that the demolition of these rental units would not negatively impact the rental unit stock. These figures would permit Council the option of approving the demolition under the third criterion. 9.2 The applicants' intention is to provide a parking lot for the future residents in the eight remaining apartment units. This would alleviate some of the parking problems associated with this building. The amount of parking which could accommodated on site is unclear. Staff would like to hold a meeting with the applicants, the Orono Post Office, and the residents to the north to ensure that parking and fencing issues can be satisfactorily resolved. 10. CONCLUSIONS 10.1 As the vacancy rates for private apartment buildings containing three or more units exceed the appropriate levels, Staff would respectfully recommend to Council that the application to demolish five rental units be APPROVED. Based on the Clarington Works Department comments and the above discussions, it is also recommended that Council direct Staff to meet with the applicants, the Orono Post Office, and the residents to the north to resolve the parking and fencing issues. ...8 537 REPORT NO. PD -62 -96 PAGE 8 Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development RH *FW *cc Reviewed by, W. H. Stockwell i Chief Administrative Officer Attachment #1 - Key Map Attachment #2 - Area Subject to Demolition Attachment #3 - Correspondence from George and Beryl Clark April 29, 1996 Interested parties to be notified of Council and Committee's decision: 1151088 Ontario Incorporated P.O. Box 75 Bethany, Ontario LOA 1 AO Attn: Jeffrey Westbrook and David Marsh Canada Post 8 Centre Street Orono, Ontario LOB 1 MO Attn: Carole Boyd George and Beryl Clark 1 Mill Street Orono, Ontario LOB 1 MO Jean Paul Roy Box 174 Orono, Ontario LOB 1 MO Attachment # 1 539 Z i.i.. 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