HomeMy WebLinkAboutDTS-10-079 - Sims Estate - Covenant
REPORT
REPORT TO:
Mayor and Council
DATE OF MEETING:
April 19, 2010
SUBMITTED BY:
Alain Pinard, Interim Director of Planning
PREPARED BY:
Leon Bensason, Coordinator, Cultural Heritage Planning
(519-741-2306)
WARD(S) INVOLVED:
Ward 2
DATE OF REPORT: April 12, 2010
REPORT NO.: DTS-10-079
SUBJECT:
BY-LAW AUTHORIZING THE ENTERING AND EXECUTION
OF A COVENANT BETWEEN THE CITY OF KITCHENER
AND THE OWNER(S) OF 501-545 MORRISON ROAD FOR
THE CONSERVATION OF THE FORMER SIMS ESTATE
RESIDENCE AND GARDEN STRUCTURES
RECOMMENDATION:
That the entering and execution of a covenant relating to the conservation of the former
Sims Estate residence and garden structures located on property municipally known as
501-545 Morrison Road, be approved; and further,
That a by-law in the form attached as Appendix “A” to Development and Technical
Services Department Report DTS-10-079, dated April 12, 2010, be taken as read a first
and second time and be recommended for enactment.
BACKGROUND:
On December 10, 2007 City Council resolved to publish a Notice of Intent to designate the
former Sims Estate property located on lands now known as 10 Sims Estate Place and 501-545
Morrison Road, under Part IV of the Ontario Heritage Act. The Notice of Intent was served on
the owner and was not appealed or withdrawn. Formal adoption of the designating by-laws was
delayed pending the preparation of a reference plan to legally describe the subject parcels. That
reference plan has recently been deposited and three designating by-laws will be brought to
Council for its consideration.
In April 2008, the Committee of Adjustment considered Application A2008-021, seeking
approval of a variance to create a lot on 501-545 Morrison Road that does not meet the
minimum lot area and width. The proposed lot would include the former Sims Estate residence.
The variance would have the effect of locating some of the garden structures associated with
the former Sims Estate residence on the common elements lands of the condominium plan
rather than be contained on the former Sims Estate residence lot. In order to ensure that the
cultural heritage landscape is conserved and that the spatial order between the garden
structures and the former Sims Estate residence is not visually or physically obstructed, the
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Committee of Adjustment in granting its approval, imposed a condition that the owner enter into
a heritage conservation easement over the garden lands.
REPORT:
In accordance with Section 37(1) of the Ontario Heritage Act, the Council of a municipality may,
after consultation with its municipal advisory committee where one is established, pass by-laws
providing for the entering into of easements or covenants with owners of real property, for the
conservation of property of cultural heritage value or interest. Consultation with Heritage
Kitchener regarding this matter was undertaken on January 6, 2009 with no issues or concerns
raised.
In accordance with the condition imposed by the Committee of Adjustment in approving
Application A 2008-021, the City’s Legal Division has prepared a by-law (attached as Appendix
“A” to this report), authorizing the entering and execution of a covenant relating to the
conservation of the former Sims Estate residence and garden structures located on property
municipally known as 501-545 Morrison Road.
Upon passage of the by-law, the City Solicitor shall prepare a covenant to be entered into
between the City and the subject property owner(s), that shall run with the real property and
execute the intent of preserving the historical appearance of the former Sims Estate house and
its garden structures as portions of one commonly owned estate property.
FINANCIAL IMPLICATIONS:
No new or additional capital budget requests are associated with this recommendation.
ACKNOWLEDGED BY:
Jeff Willmer, Interim General Manager
Development & Technical Services
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APPENDIX “A”
“PROPOSED BY-LAW” April 12, 2010
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to authorize the entering and
execution of a covenant related to the
conservation of property of cultural heritage
value or interest)
WHEREAS the City is authorized pursuant to section 37(1) of the Ontario
Heritage Act, R.S.O. 1990, c. O.18 to enter into covenants with owners of real property
for the conservation of property of cultural heritage value or interest;
AND WHEREAS section 37(3) of the Ontario Heritage Act, R.S.O. 1990, c. O.18
provides that where a covenant pursuant to section 37(1) is registered against real
property, such covenant shall run with the real property and council of the municipality
may enforce such covenant, whether positive of negative in nature, against the owner or
any subsequent owners of the real property even where it owns no other land which
would be accommodated or benefited by such covenant;
AND WHEREAS the Committee of Adjustment of the City granted consent to a
minor variance under application number A 2008-021, to the owner of lands constituting
a portion of the former Sims Estate located on property now municipally known as 501-
545 Morrison Rd. in the City of Kitchener, subject to conditions including a condition that
the Owner enter into a covenant regarding the lands described in Schedule A hereto
(the “Subject Lands”);
AND WHEREAS it is the intent of the Owner and the City to preserve the
historical appearance of the Sims Estate House and its Garden Structures as portions
of one commonly owned estate property through a covenant;
AND WHEREAS the Council of the City consulted with its municipal heritage
committee, Heritage Kitchener, on January 6, 2009, with respect to the entering of a
covenant with the owner of the Subject Lands;
NOW THEREFORE the Council of The Corporation of the City of Kitchener
enacts as follows:
1. That the City be authorized to enter a covenant related to conservation of the Subject
Lands as property of cultural heritage value or interest; and
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2. That the Mayor and Clerk be authorized to execute the covenant with the owner and
any mortgagee(s) of the Subject Lands.
PASSED at the Council Chambers in the City of Kitchener this day of
April , 2010.
Mayor
Clerk
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SCHEDULE “A”
LEGAL DESCRIPTION OF SUBJECT LANDS
Part Lot 124, German Company Tract in the City of Kitchener, Regional Municipality of
Waterloo, being Parts 5, 6, and 19 on Reference Plan 58R-16395.
Being part of PIN 22713-4633 (LT).
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