Bitter 'Pearl' to swallow...

[hmagazine]

Pearl Company News



We have spent a great deal of time putting this story together trying to make it understandable to anyone who has never had to deal with complex zoning issues. We are hoping it makes sense and if you have more questions or confusion, you can take a look at our website where we have put up a number of documents. Please read and, I hope, extend your support. Here's the run-down.



The struggle continues…. Trapped in incongruity….



Please help us let City Hall know that the Arts Sector is one of the leaders in the revitalization and transformation of our city and that city government policies should be in line with this fact. We are only one of many venues and arts organizations struggling with current city policies that limit our potential to be effective agents of change and growth both during this economic downturn / recession and before.



Here's our personal situation:



Our building:

· a 3-storey factory warehouse building which was zoned residential by the city in1986, - formerly zoned industrial/ commercial since 1911

· after this zoning change the legal non-conforming use of this building continued uninterrupted, that is to say that the commercial use remained intact

· as further evidence of intent, commercial taxes have been paid continuously despite the residential zoning

· is in compliance with the Fire Code as it relates to public assembly (its use as a theatre)

· exists 4 blocks outside the arbitrary delineation of the Downtown Core where we would be eligible to receive parking exemptions for the theatre, grants, investment programs etc….



Current Zoning issues:

· the new Official Plan of the City, to be implemented in June '09 will address our zoning issues at that time. The proposed zoning will be mixed use commercial/residential

· the city's planning department is insisting that we submit a rezoning application now without any guarantee that it will be accepted

· we would be applying, therefore, for the mixed-use commercial zoning that is already proposed for our building in the new official plan which is a very expensive process (and we have heard fees are doubling at the end of the month)

· new uses or adjustments to the zoning can be added by a variance through the Committee of Adjustment to allow for theatrical use (Public Assembly) rather than going through the rezoning process



Zoning issues lead to Parking issues:

· Under the current by-law, our use (public assembly) requires 25 dedicated parking spots

· we have managed to acquire12 spots on adjacent properties, meeting the city half way

· even under the new official plan the adaptive re-use of former industrial buildings will still be under onerous parking requirements

· In light of the city's commitment to reducing reliance on the car and its recent award from the Smart Commute Initiative for having reduced car traffic in the city, this position is bewildering

· there are no city parking lots servicing this section of King

· meters on King Street are virtually unused during the evening making them available for our patrons



We, on behalf of the Arts Sector, proposed an amendment to the Official Plan that would recognize the activities of the arts and culture sector in the adaptive re-use of former industrial / commercial / institutional buildings located throughout the amalgamated city of Hamilton. We engaged in the process of re-zoning based on this proposed amendment and removed ourselves from the process when it was rejected. The proposed amendment and further information about our situation can be found on our website. See the tab at the top of the page: Rezone!



We are asking you:

· to urge the city to adopt an Arts Sector Policy

· to support the efforts of the creative community of Hamilton in continuing to help with the transformation of our city

· to ask what the government of our city is doing to support the creative sector throughout the amalgamated city of Hamilton? What are they doing to recognize the extraordinary intervention needed by citizens and government to put our city on a path for prosperity and improved quality of life?

· to refer to our situation as an example of the disconnect between the city and the arts sector. Westside Concert Theatre is another case in point



Here's how to email, call, contact your councillor, mayor etc. Go to www.myhamilton.ca Click on My Government at the top of the page. Scroll down the side bar to Your Elected Officials and click on Mayor's Office, City Councillors or whatever else you wish to connect to….



Thank you so much for all the wonderful support you have already given us!

[SteelTown]

Pearl Company gets a reprieve

http://www.900chml.com/Channels/Reg/...spx?ID=1294621
10/14/2010

After a lengthy battle, the City of Hamilton has given a reprieve to the Pearl Company.

A motion by councillor Bob Bratina, to suspend action against the Pearl Company until staff reviews a new arts and culture policy, was approved by city council last night.

Staff will now investigate how old industrial buildings can be reused for creative industries, and to allow the Pearl Company to continue operating.

It means owner Gary Santucci won't have to pay over 100-thousand dollars in zoning bylaw fines until the city comes up with new rules for arts and cultural industries.

[coalminecanary]

amazing and logical!

[SteelTown]

Why couldn't Morelli do this instead of Bratina?

[flar]

Why did it take this long? With buildings empty and falling down all over the city, they should be rolling out the red carpet for stuff like this.

[omro]

Originally Posted by SteelTown

Why couldn't Morelli do this instead of Bratina?

Because Morelli is devoid of original thought. His campaign for 2010 is the same as his campaign for 2006. That suggests that he's sleep walked through the past 4 years and has done nothing to address the issues he was campaigning on in 2006 if he still has them as issues in 2010.

[mattgrande]

Originally Posted by SteelTown

Why couldn't Morelli do this instead of Bratina?

That's what every voter in Ward 3 should be asking themselves. I almost wish I lived three blocks East so I could vote him out...

[omro]

Originally Posted by mattgrande

That's what every voter in Ward 3 should be asking themselves. I almost wish I lived three blocks East so I could vote him out...

I wish I were a citizen and could vote him out and I live in the Ward. Just encourage everyone you know in the ward to vote for someone other than Morelli! If you could get them to look at Paul Tetley's campaign as an option, that would be awesome.

The ward needs to unite behind one challenger otherwise Morelli will get back in by default

[SteelTown]

Council approves cultural zoning reprieve

Paul Morse
http://www.thespec.com/news/local/ar...oning-reprieve

Hamilton has cleared a path for creative industries caught in zoning quagmires to stay in business, at least for awhile.

Late Wednesday, city council approved a motion to start a community improvement plan study for creative industries clusters that includes a review of all city bylaws such as the Official Plan, zoning bylaws and arts and culture incentive plans.

The key element is council agreed to suspend the enforcement of zoning and sign bylaws for arts and culture building uses until the study is completed and new policies are brought forward.

The zoning bylaw enforcement suspension will have an immediate effect on the Pearl Company, an arts building housed in a former factory on Steven Street in the Landsdale neighbourhood that’s been squabbling with the city’s bylaw department for several years.

In September, the city charged Pearl with violating the zoning bylaw for putting on art shows. Owners Gary Santucci and Barbara Milne said they would be forced to put their building, which is zoned residential, up for sale.

“Everything regarding the obstructions to the operation of the Pearl Company is basically stopped to allow staff to review and come up with a policy that enables companies like the Pearl Company to work,” said Ward 2 Councillor Bob Bratina, who brought the motion forward in council.

“It’s obvious that the fees and permits and the rigmarole imperiled the future of the Pearl Company. They were ready to quit.”

Suspending the policy gives the city a way to investigate a new policy for the adaptive reuse of old buildings, Bratina said. “We have a lot of them and if there is a way to encourage entrepreneurs to put those buildings back into cultural or community uses, then that’s what we should do.”

Several culture-based enterprises have struggled to stay in business after discovering their building’s zoning did not support their use.

The policy suspension is a recognition that there needs to be a new direction as it relates to the adaptive reuse of former industrial, commercial and institutional buildings found under the regime of the existing comprehensive bylaw, the Pearl’s Santucci said Thursday.

“I’ve expressed my deep appreciation to Councillor Bratina for his efforts in moving this forward, and working collaboratively with staff who all stepped up to have something on the books before the end of this municipal session,” Santucci said.

The decision to suspend zoning violation enforcement, however, does not include cases before the courts or involve violations of the building code or fire and health regulations.

“We have been charged with illegal use and we’re still going to court on those. Those past charges — we’ve been willing to face those charges,” Santucci said.

He also suggested the city should refund money to other arts and culture enterprises such as the Westside Concert Theatre that fought losing battles with the city zoning department.

Westside owners Loren Lieberman and Colin Lapsley ran into zoning problems when they tried to convert the former CHCH TV studio on King Street West into a theatre and concert hall. In the end, they hired a planner and paid the city fees to come into compliance.

“When we did that, it was an on-the-record presentation from our planner to the planning committee that should the city make exemptions down the road, that we would anticipate a refund,” Lieberman said Thursday.

“Based on our application fee and professional fees therein, we will be looking for a minimum $40,000 back.”