More about zoning issues and The Pearl Company -

[highwater]

Her remarks are also a strawman, frankly. There was never any request to 'waive the fee', only legitimate questions about the necessity to file an application at all, given the imminent zoning change, the strong case that the Pearl represented a legal non-conforming use, and the fact that the application could very well be denied based on the ludicrous parking requirements. It was the prospect of spending thousands on a wasted effort, not the fee itself, that posed the problem. But I guess it's easier for Pearson to pretend that the Pearl just didn't want to follow the rules, than to admit that the rules are nonsensical and destructive.

[thistleclub]

To play devil's advocate, though, zoning issues are typically part of the due diligence undertaken before buying a building for business purposes, and certainly before moving in and making investments and burning through your personal savings. As Santucci says in the Pearl Company primer on the group’s website, “...we decided to go ahead and get the building and we started to work on it. We assumed that we had a commercial viability here, because of its longstanding use as a building for industry or commerce. That it would now be referred to as a legal non-conforming use, since the zoning for this building alone had been erroneously or surreptitiously changed to D: Urban Protected, while everything around it (including houses) is zoned commercial. So we suspected that there might be some kind of agenda that we didn’t really understand, but we proceeded anyway. We were quite willing to demonstrate our belief that we had this legal non-conforming use.” Yes, the city has been heavy-handed here, and they're obviously not terribly open-minded or forward-looking. But the qualifiers above also jump out. There seems to tapdancing on both sides.

BTW, if there's not enough parking, where do the Art Bus patrons leave their cars?

[thistleclub]

Bend rules for Pearl Company
Lee Prokaska
The Hamilton Spectator
(Feb 20, 2009)

We need rules.

Sometimes we don't like them, but we know rules are critical to the smooth functioning of our families, communities and the world at large. Without them, our children would run wilder than they already do, our streets would be more dangerous, our cities would end up haphazard messes lacking any sense of neighbourhood.

So it's a good thing society is governed by rules, written or otherwise. And it's a good thing municipal land use is also governed by rules that take the form of zoning bylaws.

But in some cases, a dose of common sense should be brought to the table along with the rule book.

It is encouraging that the Pearl Company, an arts venue in the Landsdale area, may be able to solve its zoning dispute with the city, which has pushed to end legal nonconforming uses of the three-storey brick factory that housed an artificial pearl maker on Steven Street. On paper, it may make sense to insist the performance hall/art venue conform to the single-family residential zoning of the property. But in real life, the building has been home to a bar, an auction house and other businesses. No families that we know of.

Partners Gary Santucci and Barbara Milne have created an intimate and interesting space that attracts culture and creativity to a neighbourhood that has suffered years of neglect. Santucci and Milne also embrace the broader creative community in Hamilton, basing twice-monthly gallery tours on the Art Bus at the Pearl Company.

The Landsdale area needs people who see it as a place to go to, rather than a place to escape from. The Pearl Company may not fit the city's one-size-fits-all zoning map, but it does represent a significant improvement in an area that is otherwise generally bereft of positive changes. And it represents the type of small but effective effort that makes a huge difference in the life of our community, similar to the Westside Concert Theatre on King Street West, which recently cleared up zoning issues of its own.

Hamilton has been attracting members of the creative community in the past few years, drawing a range of artists who found Toronto increasingly expensive and Hamilton increasingly affordable and welcoming. But the apparent lack of flexibility on the part of the city could become a deterrent to others who share the type of vision that led Santucci and Milne to develop the Pearl Company. And the optics of the city's government going toe-to-toe with part of the artistic community are really negative.

We do not suggest zoning bylaws be abandoned on a whim; those rules are, after all, what help define neighbourhoods as good places to live. But the city must inject greater flexibility into the process, particularly in the case of land uses that, while nonconforming, are clearly advantageous to a neighbourhood. Otherwise, we send a message that creativity is discouraged, that trying something new isn't worth the effort in Hamilton. Surely there are more worthwhile battles to be fought by our city.

[highwater]

Originally Posted by thistleclub

To play devil's advocate, though, zoning issues are typically part of the due diligence undertaken before buying a building for business purposes, and certainly before moving in and making investments and burning through your personal savings. As Santucci says in the Pearl Company primer on the group’s website, “...we decided to go ahead and get the building and we started to work on it. We assumed that we had a commercial viability here, because of its longstanding use as a building for industry or commerce. That it would now be referred to as a legal non-conforming use, since the zoning for this building alone had been erroneously or surreptitiously changed to D: Urban Protected, while everything around it (including houses) is zoned commercial. So we suspected that there might be some kind of agenda that we didn’t really understand, but we proceeded anyway. We were quite willing to demonstrate our belief that we had this legal non-conforming use.” Yes, the city has been heavy-handed here, and they're obviously not terribly open-minded or forward-looking. But the qualifiers above also jump out. There seems to tapdancing on both sides.

They have had legal council who told them they had a strong case that theirs was a legal, non-conforming use. So they took a chance, based on the recent uses of the building. This city should be encouraging creative, entrepreneurial people to take risks, and supporting them when their endeavours are such an obvious benefit to the surrounding community. Also, they have been working with the city from their inception, informing them of everything they were doing, and fulfilling all the city's code requirements. They got conflicting, and sometimes less than forthright information from the city, so it's difficult to know how much more 'due diligence' they could have done. Projects like this would be stillborn if creative people are expected to wade through contradictory and arcane regulations on their own, with staff that obstruct instead of assist.

[SteelTown]

Forum slams city for hampering art scene

April 24, 2009
Meredith Macleod
The Hamilton Spectator
http://www.thespec.com/News/Local/article/554034

There was no shortage of irony: It was at a forum exploring whether the arts can save Hamilton that a local arts advocate delivered the news he is being taken to court by the city for illegal use of an abandoned factory he is working to turn into an downtown arts attraction.

Gary Santucci, owner of the Pearl Company on Steven Street, says he has a court date next month to answer charges about his use of the former coffin and jewellery factory as an art gallery and performing arts space.

He and partner Barbara Milne have been embroiled in a complicated, three-year fight with the city over the zoning on the property.

He found a sympathetic crowd among the more than 100 people at a panel discussion last night at the Art Gallery of Hamilton.

The topic was the much-talked about creative city and how Hamilton can use arts and culture to fuel an economic rejuvenation.

Some success stories were highlighted, like the Imperial Cotton Centre for the Arts and its transformation of three abandoned or under-used industrial sites into studios and galleries for artists, and the more than 110 films that come to the city for filming each year.

But much of the discussion centred on the obstacles and challenges facing some trying to establish arts venues in the city.

Longtime festival and arts co-ordinator Bill Powell said his frustrations with the city led to the demise of the popular Earthsong festival.

Ron Weihs, director of the Artword theatre company, said Santucci's battle will cast a "great chill" over others considering investing in the arts in Hamilton.

Santucci said the Pearl Company has hosted more than 300 events, attracted more than 10,000 visitors and launched 70 trips on its arts bus. He said going through a rezoning to satisfy the city's current official plan could cost more than $130,000.

"The city government gives platitude on platitudes on platitudes. Others have gone through it. It has to stop," Santucci said.

"The only thing that can save our city are you the people."

The night's keynote speaker, Eddie Friel, the first chief executive of the Greater Glasgow Tourist Board and now a tourist consultant, said he is impressed with the work going on to market Hamilton to tourists.

He said the city has more going for it than Glasgow did when he was charged with bringing visitors to what was a decaying, decrepit centre.

For decades after the city's industrial and ship-building foundations disappeared, Glasgow struggled with poverty, decay and lost any sense of civic pride or purpose. But concerted efforts spurred by the national government to bring public and private groups together to boost commerce, tourism and downtown revitalization has turned Glasgow around.

The key was focusing on Glasgow's rich history and deep arts and cultural roots, said Friel.

"The arts are what make us fall in love with our cities. They are not an added extra or an option. They elevate life beyond the ordinary and make it worth getting up in the morning."

The event was moderated by former Hamilton-Wentworth regional chair Terry Cooke. Other speakers included Jeremy Frieburger, executive director of the Imperial Cotton Centre for the Arts, and Jacqueline Norton, manager of the Hamilton film and television office.

[ryan_mcgreal]

Originally Posted by SteelTown

"The arts are what make us fall in love with our cities. They are not an added extra or an option. They elevate life beyond the ordinary and make it worth getting up in the morning."

THIS.

If it weren't for the myriad expressions of shared humanity, cities would be no better than self-storage facilities for people.

[FairHamilton]

I guess the city must have finished their legal action (prosecutions) against all the illegal storefront apartments along King Street, Barton and Kenilworth (from April 4th Spectator on Merulla - He's determined to rid Kenilworth of the commercial storefronts that are "illegal conversions" to residential units.).

THEY JUST DON'T GET IT, DO THEY!!!!!

[highwater]

Run, FH, run!

[emge]

Originally Posted by ryan_mcgreal

THIS.

If it weren't for the myriad expressions of shared humanity, cities would be no better than self-storage facilities for people.

well put.

[Millstone]

Originally Posted by ryan_mcgreal

THIS.

If it weren't for the myriad expressions of shared humanity, cities would be no better than self-storage facilities for people.

Many are. Things like Mississauga which lack a unique identity and just kind of feed off Toronto.

[highwater]

Originally Posted by Millstone

Many are. Things like Mississauga which lack a unique identity and just kind of feed off Toronto.

So many of the Torontonians who've moved here that I've spoken to, have commented on how friendly and open Hamiltonians are. Living here, I think we take it for granted, but outsiders are surprised by our strong sense of community.

[emge]

Originally Posted by highwater

So many of the Torontonians who've moved here that I've spoken to, have commented on how friendly and open Hamiltonians are. Living here, I think we take it for granted, but outsiders are surprised by our strong sense of community.

I'd certainly agree. I also heard today from some former Vancouverites who have been generally impressed by how friendly Hamiltonians were. I think that really says something.

[Gary Santucci]

THE PEARL COMPANY GALLERY & THEATRE TO APPEAR IN COURT MAY 15, 2009

The summons reads as follows “being an officer and director of …….the owner of premises known as16 Steven Street, in the former City of Hamilton, now the City of Hamilton, located in a district of the said City zoned “D” did permit an unlawful use of the premises: namely, live performance theatre and art gallery offering works for sale to public, which uses contravene Section 10 (1) of City of Hamilton By-Law 6593, as amended.”

This charge carries a fine of $50,000.00 and $25,000.00 a day if convicted.

REZONING COSTS COULD EXCEED $200,000.00

This is latest development in our situation. The City, represented by the planning department has attempted to portray our non-compliance as simply an issue of fees and once the application were to be submitted everything would be fine. Throughout this three year process it became evident that we needed to have their positions in writing to protect our interests as there were several changes in those positions. I had asked for a detailed letter that clearly outlined the financial liabilities that would accrue to us once engaged in the re-zoning process. On April 16, 2009 we received a letter from City Manager Chris Murray, It detailed the following scenario.

Site Specific Zoning Application Fees $11,170.00
Sign on the Property: Notice to Public $900.00

These would remain the fees if we did not do any work to improve our building that would require a building permit. We have plans to improve our building, adding more washrooms for example. This would require a building permit thus triggering the following fees.

Change of Use/Zoning verification fee of $185.00. Plus 1% for any works valued above 18,500.00 which would include work completed but no building permit was issued.

Architectural drawings or Engineering study to prove conformity to the building code ($10,000.00 or greater)

The Change of Use would trigger development charges of 38,614.00

The Building Permit would generate the requirement for a Site Plan application estimated at $10,000.00

As part of the site plan application our encroachment agreement would be revisited ($ ?)

This would also trigger Cash-in-lieu of parkland estimated at $60,000.00

This letter did not detail the revised parking requirement that we would have to provide 25 parking spots on title in perpetuity.
The parking spots would have to conform to the parking bylaw. $90,000.00 minimum.

The Pearl Company project is an adaptive re-use of a former industrial building. It is not a development project to be compared to a new subdivision. We are the poster child for the Province’s Places to Grow Planning guidelines for municipalities as well as their Community Improvement guidelines.

We currently pay commercial taxes and have received no government funding of any kind and do not intend to seek it. It is our hope that this clarifies why we have chosen not to enter the process, a process that would ruin us. We will be quite happy to defend our case in court and our stellar record of over 300 artistic events, more than 10,000 visits, 70 Art Bus excursions connecting Hamilton’s creative community and recognition by Canada’s National Media.

In any case the remedy is only months away found in the New Official Plan that will be presented to Council in June and implemented over the next year. Al Fletcher, Manager of Strategic Projects for the City has proposed a mixed use commercial residential zoning in the new Official Plan for our building. He has detailed this to us in an email that can be found in the many documents posted on our website www.thepearlcompany.ca According to Fletcher’s email of January 12 2008, this new zoning by–law would accommodate all of our uses.

[highwater]

This is mind-boggling. You should post this on Raise the Hammer as well.

[matt602]

Good luck to you guys. This stuff is truly disgusting.

[Jon Dalton]

Protest?

[emge]

At least June isn't far away... in the meantime, this whole thing is unbelievable. Good luck to you as you continue to fight this.

[FairHamilton]

Gary,

At the Thursday Night Talk at the AGH last week you'd mentioned May 15th as a court date. Do you feel there would be any benefit in having a large group present in a show of support?

Please let me know either here on the board, or by PM.

Thanks!

[FairHamilton]

Originally Posted by highwater

Run, FH, run!

Maybe running like Forrest Gump would be a better idea .

Gary, I'm serious about providing all support I can, showing up in court, writing another letter to my councillor (and all the others). Please let me know what you think is best so my efforts can be directed and focused.

[emge]

May 15 is coming up quickly... has anyone heard from Gary whether or not having a show of support there would be helpful?