HomeMy WebLinkAboutAppeals Standing Committee Minutes May 19, 2021
CAPE BRETON REGIONAL MUNICIPALITY
Appeals Standing Committee
Minutes
Tuesday,
May 19, 2021
4:01 p.m.
Via Video Conferencing
Mayor Amanda M. McDougall called the meeting to order.
Council:
Mayor Amanda M. McDougall
Councillor Gordon MacDonald
Deputy Mayor Earlene MacMullin
Councillor Cyril MacDonald
Councillor Steve Gillespie
Councillor Eldon MacDonald
Councillor Glenn Paruch
Councillor Steve Parsons
Councillor James Edwards
Councillor Ken Tracey
Councillor Darren Bruckschwaiger
Councillor Darren O’Quinn
Councillor Lorne Green
Staff:
Deborah Campbell Ryan, Municipal Clerk
John MacKinnon, Deputy Chief Administrative Officer
Michael Ruus, Director of Planning & Development
Paul Burt, Manager Building, Planning & Licensing Laws
Jason MacDonald, Property Maintenance Inspector
Sharon MacSween, Recording Secretary
Appeals Standing Committee Minutes
Approved August 24, 2021
May 19, 2021 Page 2 of 10
Summary of Decisions
Land Acknowledgment
Roll Call
2. APPROVAL OF THE AGENDA:
Motion
toapprove the May 19, 2021 Appeals Standing Committee Agenda as amended with the
removal of item 3. d) File #10546; PID #15010440 – 24 Vale Street, North Sydney, District 2, from
Carried.
the agenda.
3. Dangerous and Unsightly Properties – Notice of Intent to Demolish:
a)File #7776; PID #15010259 – 22 Victoria Street, North Sydney, District 2
Motion
that a Thirty Day Order to Demolish be issued for the building located at 22 Victoria Street,
Carried.
North Sydney, District 2, File #7776.
1. APPROVAL OF MINUTES:
Motion
to approve the Appeals Standing Committee Minutes of:
June 23, 2020
Carried.
Dangerous and Unsightly Properties – Notice of Intent to Demolish (Cont’d):
b)File #10031; PID #15398878 – 723 Main Street, Glace Bay, District 9
Motion
that a Thirty Day Order to Demolish be issued for the building located at 723 Main Street,
Carried.
Glace Bay, District 9, File #10031.
c)File #10172; PID #15129216 – 226 Victoria Road, Sydney, District 12
Motion
that a Thirty Day Order to Demolish be issued for the building located at 226 Victoria Road,
Carried.
Sydney, District 12, File #10172
d)File #10546; PID #15010440 – 24 Vale Street, North Sydney, District 2
This item was removed from the agenda.
Continued…
Appeals Standing Committee Minutes
Approved August 24, 2021
May 19, 2021 Page 3 of 10
Summary of Decisions (Cont’d):
(Cont’d)
Dangerous and Unsightly Properties – Notice of Intent to Demolish :
e)File #10983; PID #15485105 – 735 Mahon Street, New Waterford, District 11
Motion
that a Thirty Day Order to Demolish be issued for the building located at 735 Mahon Street,
Carried.
New Waterford, District 11, File #10983.
f)File #11095; PID #15268964 – 2990 Roaches Road, Lingan, District 11
Motion
that a Thirty Day Order to Demolish be issued for the building located at 2990 Roaches
Carried.
Road, Lingan, District 11, File #11095.
g)File #11311; PID #15251242 – 48 Colonial Drive, Bras D’Or, District 2
Motion
that a Thirty Day Order to Demolish be issued for the building located at 48 Colonial Drive,
Carried.
Bras D’Or, District 2, File #11311.
h)File #11573; PID #15440811 – 15 Tenth Street, Glace Bay, District 10
Motion
that a Thirty Day Order to Demolish be issued for the building located at 15 Tenth Street,
Carried.
Glace Bay, District 10, File #11573.
i)File #11731; PID #15440803 – 17 Tenth Street, Glace Bay, District 10
Motion
that a Thirty Day Order to Demolish be issued for the building located at 17 Tenth Street,
Carried.
Glace Bay, District 10, File #11731.
j)File #11796; PID #15026206 – 43 King Street. North Sydney, District 2
Motion
that a Thirty Day Order to Demolish be issued for the building located at 43 King Street,
Carried.
North Sydney, District 2, File #11796.
k)File #11803; PID #15387194 – 9 Beacon Street, Glace Bay, District 10
Motion
that a Thirty Day Order to Demolish be issued for the building located at 9 Beacon Street,
Carried.
Glace Bay, District 10, File #11803.
Continued…
Appeals Standing Committee Minutes
Approved August 24, 2021
May 19, 2021 Page 4 of 10
Summary of Decisions (Cont’d):
(Cont’d)
Dangerous and Unsightly Properties – Notice of Intent to Demolish :
l)File #11808; PID #15264419 – 15 Camerons Lane, New Waterford, District 11
Motion
that a Thirty Day Order to Demolish be issued for the building located at 15 Camerons Lane,
Carried.
New Waterford, District 11, File #11808.
m)File #11815; PID #15416480 – 20 Winona Street, Glace Bay, District 9
Motion
that a Thirty Day Order to Demolish be issued for the building located at 20 Winona Street,
Carried.
Glace Bay, District 9, File #11815.
n)File #11873; PID #15474224 – 3420 Warren Avenue, New Waterford, District 11
Motion
that a Thirty Day Order to Demolish be issued for the building located at 3420 Warren
Carried.
Avenue, New Waterford, District 11, File #11873.
o)File #11885; PID #15431687 – 208 Mansfield Street, Glace Bay, District 8
Motion
that a Thirty Day Order to Demolish be issued for the building located at 208 Mansfield
Carried.
Street, Glace Bay, District 8, File #11885.
p)File #11886; PID #15431695 – 210 Mansfield Street, Glace Bay, District 8
Motion
that a Thirty Day Order to Demolish be issued for the building located at 210 Mansfield
Carried.
Street, Glace Bay, District 8, File #11886.
q)File #11976; PID #15294556 – 1727 Gabarus Highway, Prime Brook District 7
Motion
that a Thirty Day Order to Demolish be issued for the building located at 1727 Gabarus
Carried.
Highway, Prime Brook District 7, File #11976.
r)File #11977; PID #15185275 – 8 Park Street Extension, Sydney Mines, District 1
Motion
that a Thirty Day Order to Demolish be issued for the building located at 8 Park Street
Carried.
Extension, Sydney Mines, District 1, File #11977.
ADJOURNMENT
Appeals Standing Committee Minutes
Approved August 24, 2021
May 19, 2021 Page 5 of 10
Land Acknowledgement
Roll Call
2. APPROVAL OF THE AGENDA:
The Manager of Building, Planning & Licensing Laws requested that item 3. d) File #10546; PID
#15010440 – 24 Vale Street, North Sydney, District 2, be removed from the agenda as the property
owner has addressed this matter and has demolished the building located on the property.
Motion:
Moved by Deputy Mayor MacMullin, seconded by Councillor Cyril MacDonald, to approve the May
19, 2021 Appeals Standing Committee Agenda as amended by removing item 3. d) File #10546; PID
#15010440 – 24 Vale Street, North Sydney, District 2, from the agenda.
Motion Carried.
3. Dangerous and Unsightly Properties – Notice of Intent to Demolish:
Paul Burt, Manager of Building, Planning and Licensing Laws advised that staff have not been
contacted by any owners of the properties listed in the agenda indicating their intent to Appeal prior to
a decision of the Committee.
Mr. Burt advised that Notices were posted on the properties listed in the agenda 30 days ago. He also
advised that with the uncertainty of the meeting platform, new instructions regarding presenting an
appeal at the virtual Committee meeting have been posted on the properties in accordance with the
Municipal Government Act.
An overview of the processing dangerous and unsightly premises complaints, notices to property
owners and how a property owner can make an appeal along was provided by the Manager of Building,
Planning and Licensing Laws for the Committee’s information.
a)File #7776; PID #15010259 – 22 Victoria Street, North Sydney, District 2
Motion:
Moved by Deputy Mayor MacMullin, seconded by Councillor Parsons, that a Thirty Day Order to
Demolish be issued for the building located at 22 Victoria Street, North Sydney, District 2, File #7776.
Discussion:
It was clarified during discussion by the Manager Building, Planning & Licensing Laws that the only
point to which a property owner can appeal a decision on an Order to Demolish is to the CBRM
Appeals Standing Committee. After that point, the property owner would be required to appeal to the
Supreme Court of Nova Scotia.
Motion Carried.
Continued…
Appeals Standing Committee Minutes
Approved August 24, 2021
May 19, 2021 Page 6 of 10
At this point in the meeting, the Mayor called for a motion to approve the minutes.
1.APPROVAL OF MINUTES:
Motion:
Moved by Deputy Mayor MacMullin, seconded by Councillor Eldon MacDonald, approval of the
Appeals Standing Committee Minutes of:
June 23, 2020
Motion Carried.
At this point in the meeting, Mayor McDougall advised that usually she would be asking if there was
anyone present to speak and make an Appeal regarding the properties listed for 30 Day Order to
Demolish, however because it is known that no one is expected to be present, this point is not being
overlooked, but is not required for this meeting.
The Committee proceeded with the consideration of the remaining list of properties.
Dangerous and Unsightly Properties – Notice of Intent to Demolish (Cont’d):
b) File #10031; PID #15398878 – 723 Main Street, Glace Bay, District 9
Motion:
Moved by Councillor Tracey, seconded by Councillor Bruckschwaiger, that a Thirty Day Order to
Demolish be issued for the building located at 723 Main Street, Glace Bay, District 9, File #10031.
Motion Carried
c) File #10172; PID #15129216 – 226 Victoria Road, Sydney, District 12
Motion:
Moved by Councillor Green, seconded by Councillor Paruch, that a Thirty Day Order to Demolish be
issued for the building located at 226 Victoria Road, Sydney, District 12, File #10172.
Motion Carried.
d) File #10546; PID #15010440 – 24 Vale Street, North Sydney, District 2
This item was removed from the agenda.
e) File #10983; PID #15485105 – 735 Mahon Street, New Waterford, District 11
Motion:
Moved by Councillor O’Quinn, seconded by Councillor Parsons, that a Thirty Day Order to Demolish
be issued for the building located at 735 Mahon Street, New Waterford, District 11, File #10983.
Motion Carried.
Continued…
Appeals Standing Committee Minutes
Approved August 24, 2021
May 19, 2021 Page 7 of 10
Dangerous and Unsightly Properties – Notice of Intent to Demolish (Cont’d):
f) File #11095; PID #15268964 – 2990 Roaches Road, Lingan, District 11
The Manager of Building, Planning and Licensing Laws advised that prior to the start of the meeting,
correspondence was received from a lawyer on behalf of heirs of the property who are in Ontario. The
letter requested abeyance of the Order for 60 days to allow the heirs an opportunity to address the
condition of the property.
Mr. Burt noted that the building is structurally unsound and that his Department has been dealing with
the property for number of years. He advised that in the past, there were a couple of potential sales of
the property, but they fell through.
Staff is requesting that the Committee proceed with the 30-day Order to Demolish.
The following was then discussed:
Heirs in Ontario only became aware of the condition of the property in the last 2 days
30 days is required to begin the tender process
Legal and ownership issues as there are 4 heirs to the property; two locally
Heirs can apply for a building permit and start work, or otherwise demolish the building
themselves or allow CBRM to demolish
Area Councillor advised that he spoke with a daughter of the former property owner and that
she was attempting with no luck to obtain history on the building as she was once told that the
building was once a convent
After discussion, the following motion was put forward:
Motion:
Moved by Councillor O’Quinn, seconded by Councillor Green, that a Thirty Day Order to Demolish
be issued for the building located at 2990 Roaches Road, Lingan, District 11, File #11095.
Motion Carried.
g) File #11311; PID #15251242 – 48 Colonial Drive, Bras D’Or, District 2
Motion:
Moved by Deputy Mayor MacMullin, seconded by Councillor Paruch, that a Thirty Day Order to
Demolish be issued for the building located at 48 Colonial Drive, Bras D’Or, District 2, File #11311.
Motion Carried.
Continued…
Appeals Standing Committee Minutes
Approved August 24, 2021
May 19, 2021 Page 8 of 10
Dangerous and Unsightly Properties – Notice of Intent to Demolish (Cont’d):
h) File #11573; PID #15440811 – 15 Tenth Street, Glace Bay, District 10
Motion:
Moved by Councillor Bruckschwaiger, seconded by Councillor Tracey, that a Thirty Day Order to
Demolish be issued for the building located 15 Tenth Street, Glace Bay, District 10, File #11573.
Motion Carried.
i) File #11731; PID #15440803 – 17 Tenth Street, Glace Bay, District 10
Motion:
Moved by Councillor Bruckschwaiger, seconded by Councillor Tracey, that a Thirty Day Order to
Demolish be issued for the building located at 17 Tenth Street, Glace Bay, District 10,File #11731.
Motion Carried.
j)File #11796; PID #15026206 – 43 King Street. North Sydney, District 2
The Manager of Building, Planning and Licensing Laws, advised thatthis building was newly added
to the list of dangerous and unsightly properties. Staff have attempted to work with the property
owner but there has not been any follow through on the part of the property owner. There was fire in
the structure, and it is badly damaged with parts of building continually blowing off. It was advised
that building could be repaired through renovation.
The Councillor for the area advised that the property is located on a corner of King Street and a main
road. Efforts have been made with the property owner but for due diligence the large building needs
to come down. She further noted that the building has large units inside and was once a very well
maintained.
Motion:
Moved by Deputy Mayor MacMullin, seconded by Councillor Cyril MacDonald, that a Thirty Day
Order to Demolish be issued for the building located at 43 King Street. North Sydney, District 2, File
#11796.
Motion Carried.
Continued…
Appeals Standing Committee Minutes
Approved August 24, 2021
May 19, 2021 Page 9 of 10
Dangerous and Unsightly Properties – Notice of Intent to Demolish (Cont’d):
k)File #11803; PID #15387194 – 9 Beacon Street, Glace Bay, District 10
Motion:
Moved by Councillor Bruckschwaiger, seconded by Councillor Tracey, that a Thirty Day Order to
Demolish be issued for the building located at 9 Beacon Street, Glace Bay, District 10,File #11803.
Motion Carried.
l) File #11808; PID #15264419 – 15 Camerons Lane, New Waterford, District 11
Motion:
Moved by Councillor O’Quinn, seconded by Councillor Cyril MacDonald, that a Thirty Day Order to
Demolish be issued for the building located at 15 Camerons Lane, New Waterford, District 11, File
#11808.
Motion Carried.
m)File #11815; PID #15416480 – 20 Winona Street, Glace Bay, District 9
Motion:
Moved by Councillor Tracey, seconded by Deputy Mayor MacMullin, that a Thirty Day Order to
Demolish be issued for the building located at 20 Winona Street, Glace Bay, District 9, File #11815.
Discussion:
In response to a question, the Manager Building, Planning & Licensing Laws advised that the tree
debris on the property poses a hazard and that when a tender for the demolition is issued, instructions
will include removal of all garbage and debris and to leave the property graded, clean and level.
Motion Carried.
n)File #11873; PID #15474224 – 3420 Warren Avenue, New Waterford, District 11
Motion:
Moved by Councillor O’Quinn, seconded by Councillor Green, that a Thirty Day Order to Demolish
be issued for the building located at 3420 Warren Avenue, New Waterford, District 11, File #11873.
Motion Carried.
o)File #11885; PID #15431687 – 208 Mansfield Street, Glace Bay, District 8
Motion:
Moved by Councillor Edwards, seconded by Councillor Bruckschwaiger, that a Thirty Day Order to
Demolish be issued for the building located at 208 Mansfield Street, Glace Bay, District 8, File #11885.
Motion Carried.
Continued…
Appeals Standing Committee Minutes
Approved August 24, 2021
May 19, 2021 Page 10 of 10
Dangerous and Unsightly Properties – Notice of Intent to Demolish (Cont’d):
p)File #11886; PID #15431695 – 210 Mansfield Street, Glace Bay, District 8
Motion:
Moved by Councillor Edwards, seconded by Councillor Tracey, that a Thirty Day Order to Demolish
be issued for the building located at 210 Mansfield Street, Glace Bay, District 8, File #11886.
Motion Carried.
q)File #11976; PID #15294556 – 1727 Gabarus Highway, Prime Brook District 7
Motion:
Moved by Councillor Parsons, seconded by Councillor Edwards, that a Thirty Day Order to Demolish
be issued for the building located at 1727 Gabarus Highway, Prime Brook District 7, File #11976.
Motion Carried.
r)File #11977; PID #15185275 – 8 Park Street Extension, Sydney Mines, District 1
Motion:
Moved by Councillor Gordon MacDonald, seconded by Deputy Mayor MacMullin, that a Thirty Day
Order to Demolish be issued for the building located at 8 Park Street Extension, Sydney Mines, District
1, File #11977.
Motion Carried.
The Manager of Building, Planning and Licensing Laws advised that he will be presenting at a future
Council meeting to provide additional information on dangerous and unsightly properties and clean up
orders.
Mayor McDougall thanked Paul Burt and his staff for their efforts.
Adjournment 4:47 p.m.
__________________________ _____ __________________________ _____
Mayor Amanda M. McDougall Deborah Campbell Ryan
Municipal Clerk
/slm