A last-minute motion tabled Tuesday which was billed as a compromise for opposition to the Tivoli Theatre development does not include a reduction in the building's height.
Ward 2 Coun. Jason Farr's motion to planning committee would put a series of conditions on the proposed 22-storey condominium project on James Street North, including ensuring one parking spot for every two units, an increase in the podium at the base of the building from three to five storeys, and setting back the high-rise further away from James North.
But in terms of height, no concessions were made.
A rendering of the 22-storey Tivoli condo tower. (tivolicondos.ca)
City staff recommended planning committee deny the previous application, which is up against the 120-day deadline, set to expire April 1. If council does not address the issue Tuesday, the Tivoli developers could force a decision through the Ontario Municipal Board hearing.
Farr's motion appears to supersede that deadline, with one of the provisions being that the revised proposal be "reviewed by the Development Review Panel.
In addition to the motion from Farr, some letters of support and a slew of letters in opposition of the project were submitted.
"While I am all for the further development and improvement of the James Street North area," writes Craig Williams, who described himself as a Ward 2 resident, "I do not believe it is in Hamilton's best interest to go down the path Toronto has chosen and authorize big, green glass condo towers to anyone who walks in with a checkbook."
Anita Finnerty wrote in support of the motion, saying that it is "long overdue for the Northern portion of Hamilton. I believe that the building symbolizes both heritage and cultural conservation, and will greatly improve the economics of the downtown."
Farr's motion does not include an increase to parking, but rather a provision for a minimum amount of parking. The original plan included 52 parking spots in a stacker, as well as 17 surface spots for a total or 69 -- well above the 0.5 spots for ever residential unit (a minimum of 53 spots).
It also includes a provision that the condo portion density and permission are different from the theatre density and permission -- a possible further protection to ensure the Tivoli is restored and not later developed.
The Tivoli Theatre is 140 years old. Diamante Holdings, owned by Domenic Diamante, bought the theatre for $900,000 last February. He purchased it from the Canadian Ballet Youth Ensemble (CBYE), whose CEO is Belma Diamante, Domenic's wife.
The CBYE bought the theatre in 2004 from the Sniderman family, of Sam the Record Man fame, for $2. In June of that year, while the Snidermans still owned the Tivoli, a south-facing wall collapsed inside the building, pushing debris through an exterior wall.
The last time the Tivoli was in use was between 1998 and 2004, when the Snidermans rented the Tivoli to a local theatre company, the Tivoli Renaissance Project.
Later in 2004, the city spent $300,000 to demolish the front portion of the building, which included the original facade that faced James Street North, as well as the long lobby leading into the theatre and the washrooms.
The city granted the CBYE $75,455 in 2009 for building stabilization and heating improvements. It also gave the owners $20,000 in 2008 for a heritage feasibility study to identify potential uses for the property and gauge community interest in the building's restoration. City council also approved a $50,000 interest-free loan — since repaid — to retrofit the theatre's roof in December 2009.
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