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3. DEMOLITION CONTROL – 50 BERTRAND
STREET RÉGLEMENTATION
DES DÉMOLITIONS - 50, RUE BERTRAND |
Committee recommendations
That Council approve the demolition of a
detached dwelling at 50 Bertrand Street, subject to the owner entering into an
agreement with the City including the following conditions:
1.
The owner agrees to
pay all costs associated with the preparation and registration of the
agreement;
2.
The owner agrees to
seed or sod the subject lands following demolition and maintain the property in
accordance with the Property Standards By-law;
3.
The owners agrees
that the property will be maintained as a vacant lot until such time as a
building permit is obtained for redevelopment of the site;
4.
That at such time
as a building permit is issued for future development of the site and the
development is in place, the agreement will become null and void and will be
released upon request by the owner. The
owner shall pay all costs associated with the registration of the release of
the agreement.
Recommandations du Comité
Que
le Conseil approuve la démolition d’une maison unifamiliale située au 50, rue
Bertrand, à la condition que le propriétaire conclue avec la Ville une entente
comportant les dispositions suivantes :
1.
Le
propriétaire accepte d’assumer la totalité des frais de production et
d’enregistrement de l’entente;
2.
Le
propriétaire accepte ensemence ou de gazonner le terrain une fois que la maison
aura été démolie et de l’entretenir conformément aux exigences du Règlement sur
les normes de biens-fonds;
3.
Le
propriétaire accepte que la propriété soit entretenue comme un terrain vacant
jusqu’à l’obtention d’un permis de construire pour le réaménagement de
l’emplacement;
4.
L’entente
deviendra nulle et non avenue et le propriétaire sera déchargé sur demande des
obligations que l’entente lui impose une fois qu’un permis de construire aura
été délivré et que le terrain aura été réaménagé. Le propriétaire assumera la
totalité des frais d’enregistrement de la décharge.
Documentation
1. Deputy City Manager's
report, Infrastructure Services and Community Sustainability, dated 20 November
2008 (ACS2008-ICS-PLA-0241).
Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de
l'environnement
and Council / et au Conseil
20 November 2008 / le 20 novembre 2008
Submitted by/Soumis par : Nancy Schepers, Deputy City Manager
Directrice municipale adjointe,
Infrastructure
Services and Community Sustainability
Contact
Person/Personne Ressource : Grant Lindsay, Manager/Gestionnaire,
Development Approvals/Approbation des demandes d'aménagement, Planning
Branch/Direction de l’urbanisme
(613)
580-2424, 13242 Grant.Lindsay@ottawa.ca
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SUBJECT: |
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OBJET : |
RÉGLEMENTATION DES DÉMOLITIONS - 50, RUE
BERTRAND |
REPORT RECOMMENDATIONS
That the Planning and Environment Committee recommend Council approve
the demolition of a detached dwelling at 50 Bertrand Street, subject to the
owner entering into an agreement with the City including the following
conditions:
1.
The owner agrees to pay all costs associated with the
preparation and registration of the agreement;
2.
The owner agrees to seed or sod the subject lands
following demolition and maintain the property in accordance with the Property
Standards By-law;
3.
The owners agrees that the property will be maintained
as a vacant lot until such time as a building permit is obtained for
redevelopment of the site;
4.
That at such time as a building permit is issued for
future development of the site and the development is in place, the agreement
will become null and void and will be released upon request by the owner. The owner shall pay all costs associated with
the registration of the release of the agreement.
RECOMMANDATIONS DU RAPPORT
Que le Comité de
l’urbanisme et de l’environnement recommande au Conseil d’approuver la
démolition d’une maison unifamiliale située au 50, rue Bertrand, à la condition
que le propriétaire conclue avec la Ville une entente comportant les
dispositions suivantes :
1.
Le
propriétaire accepte d’assumer la totalité des frais de production et
d’enregistrement de l’entente;
2.
Le
propriétaire accepte d’ensemencer ou de gazonner le terrain une fois que la
maison aura été démolie et de l’entretenir conformément aux exigences du
Règlement sur les normes de biens-fonds;
3.
Le
propriétaire accepte que la propriété soit entretenue comme un terrain vacant
jusqu’à l’obtention d’un permis de construire pour le réaménagement de
l’emplacement;
4.
L’entente
deviendra nulle et non avenue et le propriétaire sera déchargé sur demande des
obligations que l’entente lui impose une fois qu’un permis de construire aura
été délivré et que le terrain aura été réaménagé. Le propriétaire assumera la totalité des frais d’enregistrement
de la décharge.
BACKGROUND
Application
was made by Double Y Home Services, agent for the property owner, CIBC
Mortgages, to demolish the detached dwelling at 50 Bertrand Street. The building has been vacant for a
year. It is a one and a half storey
structure located between Vaughan Street and Springfield Road in the New
Edinburgh neighbourhood (see Documents 1 and 2). The building is not on the City of Ottawa Heritage Reference List.
The former City of Ottawa Demolition Control By-law (215-2000) requires that City Council approve the issuance of a demolition permit in situations where a building permit for a replacement building has not been obtained. The applicant has indicated that the owner wishes to demolish the detached building at 50 Bertrand Street because of the poor structural condition of the foundation, contamination issues related to moisture and mould throughout the house and the general uninhabitable state of the building. The agent has indicated that it is not financially or practically feasible to repair the house. The owner wishes to sell the vacant lot for redevelopment.
DISCUSSION
Staff is recommending approval of this application. Details provided by the applicant regarding the structural problems with the building and an inspection by staff have confirmed the uninhabitable state and poor structural condition of the building. The Planning Act and the Demolition Control By-law enable Council to impose conditions on demolition control approvals. Concerns about the appearance of the lot as a result of the demolition process can be addressed through the provisions of the Ontario Building Code and existing property standards and property maintenance by-laws. Permitting the demolition of this uninhabitable dwelling will provide for the eventual construction of a new dwelling in its place.
CONSULTATION
Notice of this application was carried out in accordance with the City’s Public Notification and Consultation Policy. Councillor Legendre is aware of the application. A summary of Consultation Details in included as Document 4.
FINANCIAL IMPLICATIONS
N/A
APPLICATION PROCESS TIMELINE STATUS
This application was processed by the “On Time Decision Date” established for the processing of a Demolition Control application.
SUPPORTING DOCUMENTATION
Document 1 – Location Plan
Document 2 – Photos of interior and exterior
Document 3 – Details regarding the condition of the building
Document 4 – Consultation Details
DISPOSITION
City Clerk and Legal Services Branch, Legislative Services to notify the agent, Yvon Roussel, 746 St. Pierre Street, Embrun, Ontario, K0A 1W0 and the owner, CIBC Mortgages, c/o AGC Inc., P.O. Box 299, Kleinburg, Ontario, L0J 1C0 and all interested parties of City Council’s decision.
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To: Carol Ruddy
City of Ottawa
Tel: 613-580-2424
Fax: 613-580-2576
Date: November 10/08
From: Sandra
RE: CIBC –50 BERTRAND ST-OTTAWA, ONTARIO
Please see below a
detailed report of the conditions at the above noted property from our
inspector for your review and immediate action. Should you have any concerns or questions kindly contact our
office.
I have done an inspection for Public Guardian and Trustee on
November 08, 2006 which was occupied at the time.
The house was not in a livable state back in 2006.
The carpets are full of cat feces and never been cleaned.
Nothing inside has ever been cleaned.
Garbage and clothing where piled up and only trails to go
from one room to another.
The floors are rotten and contaminated.
The windows are in poor condition and require replacement.
The doors are in the same state all bottom of the frames are
rotten and would need to be replace.
The foundation has major cracks plus it’s shifting on the
inside, water has been coming in, the addition at the back is separating from
the house which is a major structural problem.
This house is in a dangerous condition and safety hazard.
Roof shingles were re-placed in 2000 but the repairs inside
has never been done which were leaks caused by roof so the amount of water that
go in the attic and in the walls has caused mould and nothing has ever been
done in that regards. Fascia and soffit
has never been replaced, they are all rotten, water is still coming in when it
rains – which means that insulation in the walls are all wet and full of mould.
A mould spore grows and multiplies every hour if it’s not
treated and in this case it’s been like that since 2000. The fact that garbage and raw food has been
accumulating inside and was never disposed by tenant at the time causing more
contamination. The house is dangerous
to enter without proper protection equipment.
There has never been heat in this house because the
appliances were not up to code and never inspected.
I have secured this house on June 04, 2007.
At that time the interior of the house was in a worst
condition because of the occupant. It
looks like a tornado went through the house and causes a disaster.
Perishables food, freezer and fridge are still full and
there has been no hydro since Oct. 17, 2007.
Since then there has been rodents going inside and out
(mice, rats, squirrel, raccoons, pigeon etc…).
We have installed mice/rat baits.
We were not allowed to go inside the house without proper
equipment. The only time we went in is
to have the oil tank removed, the hydro disconnected and water meter removed.
My suggestion at time of securement was to have this house
demolished because of its dangerous condition.
After making my suggestion to demolish I have received the
approval on Oct. 02, 2007 and was requested to try to obtain a demo permit. I started the procedure on the same day. I
have received some form from AGC that was required to be filled up for all
utilities. I started to have the form
signed up step by step by making calls and attending offices and taking
appointment and meeting tradesmen on site to have hydro disconnected, special
appointment to have water meter removed, have oil tank removed, same for cable
and phone. I have attended every office
to have the paper signed. After
completing this thinking that I would be receiving a permit as I was told on
Jan. 18, 2008 and bringing all forms signed as per request was told that in 5
days I would have the permit.
I received a call from the City on Jan. 25’08 saying that a
signature was missing the one for the infrastructure. I had to call the person in charge to know what exactly this was
for – he advised that this was to have the sewer pipes capped before proceeding
with anything else. Which means that we
needed to have a backhoe floated to the location and because of the frozen
ground and the amount of snow we would of need a jack hammers to go through the
frost. We needed to get approval from
the management company which was approved on April 10, 2008.
Once the approval received we have made the request to the
contractor and because of the weather condition and the amount of work
contractor told me that we would have to wait a while for him to be able to
attend. After waiting too long we
decided to make arrangements with the city by signing a letter promising to
call prior to demolish to have the sewer cap done as soon as we receive the
demolition permit.
Meanwhile I was asked to fill out an Application for
Demolition Control. This form is only
for the former City of Ottawa. Fees
were approved also on April 10, 2008 at the rates of 2007 but new rates were
applied by the City.
We have filled out the application for demolition control +
they wanted a survey plan extra for their forms making go back and forth to the
city and the property + making several calls to try to obtain a surveyor with
no success for fast result waiting time was for 6 weeks min.
We are now in November 2008 still no permit with a property
that is deteriorating on its own and getting dangerous every day. We won’t obtain the permit before next year
because everything needs to go through committee and then council just to
decide if we will be granted a permit for demolition.
As mentioned above this house is getting dangerous for the
neighborhood every day that we wait.
It’s only for a good cause as it will never be able to be restored for a
decent price.
It’s a fire hazard, dangerous for everybody’s health.
Thank you,
Yvon Roussel
AGC INC.
PO BOX 299
Kleinburg,
Ontario
L0J
1C0
cc.
Gowlings