Lowertown Condo: Community raised concerns over damage mitigation with City and Council in 2011

In 2011, the community brought concerns to the attention of the City of Ottawa and Council regarding the mitigation of construction damage to homes adjacent to a prospective condo construction development site.  This condo development was subsequently approved and construction began.

In 2014, multiple homes located next to a condo construction site in Lowertown began experiencing damage including sinking floors, gaps and cracks in the walls and in one case, a collapsed ceiling. Numerous construction processes took place directly adjacent to the properties including sheet piling, dewatering as well as drilling.

Below is an excerpt from the 2011  minutes outlining the damage concerns of the community and the response. Was this response appropriate? And was this issue later addressed in the Site Plan Control stage or the Building Permit stage?

Comment:

SITE DESIGN/SITE FUNCTIONING ISSUES

[…]

  • There is no indication of how the developer would mitigate the effects of construction on the neighbourhood. We assume that in order to construct there will be significant blasting, trucks and other equipment coming through, staying on site etc. Given the size of the development and the absence of an open space to put equipment, where will that equipment be kept? How will it be moved? What is the compensation regime for any damage caused by the construction (do we have to go through the normal civil courts with the resulting time and money, or is there some expedited process?)

Staff Response:

[…]

Construction methods are not considered through the Zoning By-law amendment process, the issues identified pertaining to construction would be addressed at the Site Plan Control stage and Building Permit process stage. If development were to proceed, the applicant would have to store the construction vehicles on-site or off-site in accordance with the City’s regulations. The Site Plan Control application is currently on hold until a decision regarding the Zoning By-law Amendment has been made by City Council. If the Zoning By-law Amendment application is approved, the Site Plan Control process would continue and at that time the issues of de-watering, blasting and construction issues would be addressed.

The full version of the minutes from 2011 can be found here: http://ottawa.ca/calendar/ottawa/citycouncil/occ/2011/08-25/pec/1%20-%20ACS2011-ICS-PGM-0085%20-%20Zoning%20St%20Andrew%20Street.htm

 

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