HomeMy WebLinkAboutCSD-15-010 - HPA 2014-V-033 - 64-66 Weber St W Staff Report
��c tl R Community Services Department wwwkitchene►:ca
REPORT TO: Heritage Kitchener
DATE OF MEETING: February 3, 2015
SUBMITTED BY: Brandon Sloan, Manager of Long Range & Policy Planning, 519-
741-2200 ext. 7648
PREPARED BY: Michelle Drake, Heritage Planner, 519-741-2200 ext. 7839
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: January 13, 2015
REPORT NO.: CSD-15-010
SUBJECT: Heritage Permit Application HPA-2014-V-033
64-66 Weber Street West
Proposal to Paint Previously Unpainted Brick Black
RECOMMENDATION:
That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application
HPA-2014-V-033 to permit painting of the previously unpainted brick to a black colour at
the property municipally addressed as 64-66 Weber Street West be refused.
49
'ti t
V d'°
78 f 06
4
^„mm
J a'.” �
11 58 4WIP1,116
4 - 1
BACKGROUND:
The Community Services Department is in receipt of Heritage Permit Application HPA-2014-V-
033 which is seeking permission to paint the previously unpainted brick to a black colour at the
property municipally addressed as 64-66 Weber Street West.
REPORT:
64-66 Weber Street West is located near the corner of Weber Street West and Young Street within
the Civic Centre Neighbourhood Heritage Conservation District (CCHCD), which is designated
under Part V of the Ontario Heritage Act. The CCHCD Plan indicates that Weber Street contains
nearly half of the oldest buildings in the neighbourhood, making it one of the most important streets
in the district from an architectural and historic perspective. The size and scale of heritage buildings
on Weber Street is generally larger than the rest of the district and includes a number of larger
residences that have been converted to multiple residential units, including the subject property.
The CCHCD Plan identifies the subject property as a fine (Group B) example of the Italianate
architectural style. The CCHCD Plan provides policies and guidelines for alterations, including
painting of previously unpainted brick.
The owner's contractor began painting the brick at 64-66 Weber Street West on December 5, 2014
without the required heritage permit. The owner was advised that a heritage permit was required.
The owner was also advised that the guidelines and policies of the CCHCD Plan do not support
painting of previously unpainted brick. The owner submitted an application requesting permission
to paint the previously unpainted brick with a black exterior acrylic latex paint. Paint specifications
provided by the owner do not outline the surface preparation requirements prior to painting and do
not confirm whether the paint is breathable and suitable for application on brick.
It is an offence under the Ontario Heritage Act to alter property without a heritage permit
application. It is important for the owner and Council to understand that if the application is refused
the owner is required to remove the paint. If the paint is not removed, section 69(5)(b) and 69(5.1)
of the Ontario Heritage Act provide the City with the option to restore the properties and recover the
costs of the restoration from the owner. Note that a new heritage permit would be required to
confirm the appropriate method to remove the paint.
The CCHCD Plan indicates that heritage permits are required for major alterations that are visible
from the street. Alterations, especially those to the front fagade of a building, have the potential to
dramatically affect the appearance of a building and the streetscape. It is very important to ensure
that alterations conserve the character of the existing building, complement the streetscape and do
not negatively impact the existing building. Painting of previously unpainted brick is a major
alteration that must comply with the policies and guidelines of the CCHCD Plan.
The CCHCD Plan provides conservation design guidelines for use in the review of applications
in order to ensure compatibility with the existing building and streetscape as well as to avoid or
mitigate negative impacts to the existing building. The guidelines indicate that: painting of
original brick surfaces is not recommended because the paint can trap moisture and cause
greater deterioration of the brick; avoid painting brick and masonry, unless it is already painted;
and, select paint colours that are consistent with the heritage character of the area and that
complement other materials or details on the dwelling.
4 - 2
The CCHCD Plan explains that any paint film used on the exterior of a building should be able
to "breathe" to allow any buildup of moisture vapour on the inside to escape to the outside
without raising blisters or peeling off the film. This is particularly important with brick and most
masonry materials that are porous. Paint films over large areas of brick are inclined to seal the
surface, trap moisture, and cause spalling and other deterioration of the masonry. Exterior paint
requires regular maintenance and occasional repainting compared to exposed brick masonry.
Many examples of exterior brick masonry walls were constructed by highly skilled masons using
a variety of bonding patterns, textures and sometimes multi coloured brick and mortars to create
a distinctive decorative effect. The covering of this detail by painting diminishes the heritage
character of the original building and introduces a maintenance responsibility for the remaining
lifetime of the building.
The existing building features brick masonry walls with multi coloured brick, tinted mortar and
brick voussoirs. These features will be covered if the application to paint the previously
unpainted brick is approved. Painting these details will diminish the heritage character of the
original building. Painting may also cause deterioration to the bricks and mortar. Painting will
also introduce ongoing maintenance requirements.
The owner has not complied with the applicable conservation design guidelines for the following
reasons:
• Painting of brick is being proposed rather than avoided;
• The building had previously unpainted brick; and,
• The selection of a black paint colour is not consistent with the heritage character of the area
and does not complement other materials or details on the existing building.
It should also be noted that painting will not correct existing deficiencies in the brick masonry
walls. Painting will only provide a cosmetic change. Existing deficiencies such as spalling bricks
or cracks in the mortar should be repaired. Such repairs may be eligible for the City's
Designated Heritage Property Grant Program.
In reviewing the merits of the applications, City staff note the following:
■ the painting of the previously unpainted brick began without a heritage permit;
■ the painting is visible from the street;
■ the painting does not meet the conservation design guidelines;
■ the painting will not correct existing deficiencies in the brick masonry walls;
■ the painting will detract from the architecture of the subject property and the CCHCD;
and,
■ if approved, the painting could set a precedent to permit the painting of previously
unpainted brick, which does not comply with the policies and guidelines of the CCHCD
Plan.
As a result, Heritage Planning staff are of the opinion that the proposal to paint the previously
unpainted brick black at the property municipally addressed as 64-66 Weber Street West will
negatively impact the significance of the property and the integrity of the CCHCD.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The processing of Heritage Permit Applications supports the Quality of Life Community Priority
of the City of Kitchener Strategic Plan by helping conserve the community's unique heritage and
promoting culture as both an economic driver and a central element of a healthy community.
4 - 3
Heritage Permit Applications also support the Development Community Priority to honour and
protect our heritage.
FINANCIAL IMPLICATIONS:
N/A
COMMUNITY ENGAGEMENT:
INFORM
This report has been posted to the City's website with the agenda in advance of the Heritage
Kitchener committee meeting.
CONSULT
Heritage Kitchener has been consulted regarding the subject Heritage Permit Application.
REVIEWED BY: Leon Bensason, Coordinator, Cultural Heritage Planning
ACKNOWLEDGED BY: Alain Pinard, Director of Planning
APPENDIX A: Heritage Permit Application HPA-2014-V-033
4 - 4
HERITAGE PERMIT APPLICATION FORMS ;
City of Kitchener
Community Services Department
Planning Division
I IT HEN R. 200 King Street West
Kitchener, Ontario N2G 4G7
(519) 741-2426
Nature of Application
Exterior ® Interior Signage ❑
Demolition ❑ New Construction ❑ Alteration ® Relocation ❑
Subject Property
Municipal Address; t, -
Legal Description (if known): PLA W 4n�1_ pJ ) All A
Building/Structure Type: Residential Commercial ❑ Industrial ❑ Institutional ;❑
Heritage Designation: Part IV ❑ Part V(HCD) ®Is the Subject Property subject to a Heritage Easement or Agreement? Yes ❑ No
Property Owner
Name: ORIC-
.
ROYAL 0� ��r:
Address: ` l I . A
Telephone(Home): Telephone ork) r,}r#.-717
Fax: E-Mail:
Agent(if applicable)
Name: .
Address: -
Telephone (Home)" Telephone(Work):
Fax: E-Mail:
Written Description
Please provide a written description of the project proposal including any conservation methods you
plan to use. Provide such detail as materials to be used, measurements, paint colours, decorative
details, whether any original building fabric is to be removed or replaced, etc. Use additional pages
as required. Please refer to the City of Kitchener Heritage Permit Application Submission Guidelines
for further guidance, ) r
lf� J ::nl S�t 1I � l��t 14/'raSCA^ Lv��i'n i 5LVUc�`�C
2 dfn 1: OA4 1A Nil
iS r b h-�, w*-k, 1(0�c [4r1_ RRV
C_�Y h`i-r't f�� d� �1 L..(�/� /4•�fs"l. �l 1l�0.{.�i 11'C }
V� 4 - 5
Review of City of Kitchener Heritage Permit Application Submission Guidelines
Describe why it is necessary to undertake the proposed ork.
•e-Y i t 11" f i c �( t:f rz -t �t�t) S c�{ ci �`�✓ y�� �i /�1� jg C P C
fit)
C+ I fll,
-1P_jr1C f J'- yr " vi.i I II(' �-C? 3 h ✓�jj'•i f_
4Di ri 1/�1�rc N1 4 i�H ��! .Ctw�_ W1q 1t11d ytn I '__ iCII__VIfSM���
' �c{�J I T�-�7 G✓1
Describe how the proposal is consistent with the Part IV individual designating by-law or the Part V
Heritage Conservation
�D' trc ct Plan. - k1,1U�� m"14- . lei' .rC
l�a
�-
--� t .,�1Sr ruh .� ° A
I�L �-S'C 1 �r+�t55 ti^r V±ti,, rl�..�,;.� �- _wm-r• - �'t �l�..,- - !c� ��<S
Describe how the proposal is consistent with the Parks Canada Standards and Guidelines for the
Consery tion of Hi7t *c Places in Canada (available at www.pc.gc.ca).� 5y_ ulZ�•.r_5_�.���� �� 5�, , �I`orv� � J))
^4 A --f J`Al V 1GY t" R s•r c{ C JA1v �i• 'Ui.a�i ��
Expected Start Date: Expected Completion Date: Q�.
(Day/Mon h/Year) (Day/Mont /Year)
Have you discussed this work]kith Heritage Planning Staff? (it`Yes ❑ No
If yes, who? M"(We
Have you discussed this ork with the Building Division? El Yes 2 No
If yes, who? A .
Have you applied for a Building Permit for this work? ❑ Yes ao /J/�
Other Related Applicatlo s (Buildin Planning)-, Application No. 3 r�L r
Acknowledgement
The undersigned acknowledges that all of the statements contained in documents filed in support
of this application shall be deemed part of this application. The undersigned acknowledges that
receipt of this application by the City of Kitchener- Planning Division does not guarantee it to be a
'complete' application. The undersigned acknowledges that Council of the City of Kitchener shall
determine whether the information submitted forms a complete application. Further review of the
application will be undertaken and the owner or agent may be contacted to provide additional
information and/or resolve any discrepancies or issues with the application as submitted. Once the
application is deemed to be fully complete, the application will be processed and, if necessary,
scheduled for the next available Heritage Kitchener Committee and Council meeting. Submission
of this application constitutes consent for authorized municipal staff to enter upon the subject
property for the purpose of conducting site visits, including photographs, which are necessary for
4 - 6
A
I
j the evaluation of this application. The undersigned acknowledges that where an agent has been
identified, the municipality is authorized but not required to contact this person in lieu of the owner
and this person is authorized to act on behalf of the owner for all matters respecting the
application. The undersigned agrees that the proposed work shall be done in accordance with this
j' application and understands that the approval of this application under the Ontario Heritage Act
shall not be a waiver of any of the provisions of any by-law of the City of Kitchener or legislation
including but not limited to the requirements of the Building Code and the Zoning By-law, The
undersigned acknowledges that in the event this application is approved, any departure from the
conditions imposed by the Council of tflr�:�,' f Kitchener or from the plans or specifications
approved by the Council of the City prohibited and could result 'n a fine being
imposed or imprisonment as pr6vl ' Itto Heritage Act.
Signature of Owner/Agent.,-.— Date:
Signature of Owner/Agent;: _ Date:
Authorization
If this application is being made by an agentisolicitor on behalf of the property owner, the following
authorization must be completed:'
I /We, owner of the land that is subject of this application,
hereby authorize to act on my I our behalf in this regard,
Signature of Owner: Date-,°
Signature of Owner: Date:.
The personal information on this form is collected under the legal authority of Section 33(2),
Section 42(2), and Section 42(2.2) of the Ontario Heritage Act. The information will be used for the
purposes of administering the heritage permit application and ensuring appropriate service of
notice of receipt under Section 33(3) and Section 42(3) of the Ontario Heritage Act. If you have
any questions about this collection of personal information, please contact the Manager of
Corporate Records, Legislated Services Division, City of Kitchener(579-747-2769).
4 - 7
Michelle Drake
From:
li Sent: Monday, December 29, 2014 1:27 PM
To: Michelle Drake
Subject: Re: 64 - 66 Weber St W-- Heritage Permit Application
I
I'
i
H! Michelle,
Sorry for the delay in responding-typical holiday stuff!
The paint that was chosen was selected from an exhaustive search involving our building science engineer,
designer and Sherwin Williams representative. It is a breathable exterior latex
Details follow this link: http://www.sherwin-williams.com/painting-contractors/products/catalog/a100-
exterior-acrylic.latex/
Thank you for your reminder email
Sent from my BlackBerry 10 smartphone on the Rogers network.
From: michelle.drake@kitchener.ca
Sent: Monday. December 29, 2014 9:27 AM
To:
Subject: FW: 64 - 66 Weber St W - Heritage Permit Application
Hi
Just a friendly reminder that the additional information is required before 5 pm today if you would like your
heritage permit to be considered at the February 3rd Heritage Kitchener committee meeting.
Michelle
From: Michelle Drake
Sent: Friday, December 19, 2014 9:42 AM
To:
Subject: FW: 64 - 66 Weber St w - Heritage Permit Application
Hi
Have you had a chance to review my comments? The additional information is required for me to process your
application.
Michelle
From: Michelle Drake
Sent: Tuesday, December 09, 2014 3:33 PM
To:
Subject: Kt: 64 - 66 Weber St W - Heritage Permit Application
Hi
i
4 - 8
I do not have sufficient information to process your heritage permit application.
Most paints trap moisture, which will accelerate the deterioration of bricks. Paints that do not have the
appropriate surface preparation completed and are not applied under the appropriate weather conditions
(temperature and humidity) will fail. Can you please provide the specifications from the manufacturer for the
type of paint you are proposing to use? In particular, I need to know: if the product is appropriate for use on the
if exterior brick (will it allow the brick to breath); what surface preparation is required for the bricks prior to
painting; and, what are acceptable weather conditions for the application of paint.
The above information will be reviewed against the policies of the Civic Centre Heritage Conservation District
Plan.
In terms of timing, the heritage permit application deadline for the January 6, 2015 Heritage Kitchener
committee meeting was November 28, 2014. 1 do not have sufficient time to prepare a staff report for the
January meeting.
Please submit the above noted information before Monday, December 29 2014 for consideration at the
February 3, 2015 Heritage Kitchener committee meeting.
Michelle
Michelle Drake, MASS, MCIP, 14PP
Heritage Planner I Planning Division I City of Kitchener
519-741-2200 ext. 7839 1 TTY 1-866-969-9994 michelle.drake@kitchener.ca
From:
Sent: Friday, December us, 2014 3:19 PM
To: Michelle Drake
Subject: 64 - 66 Weber St W - Heritage Permit Application
Best,
Revel Development Corporation
1.70 Victoria. St S, Unit A, Kitchener, ON, ..N2G 2139
P: 519.498.2141
1:: 1.866334.9450
2
4 - 9
s
r '
SHERWIN
WILLIAMS.,
� 3 f
I '4
TKJ -
h
EXTERIOR ACRYLIC LATEX
1� k^
4�
_lilts
f
i
AN IMPRESSIVE TRACK RECORD SPEAKS FOR ITSELF.
A-100 IS A RELIABLE PERFORMER.
With a 100%. acrylic formula that covers r Professionals know they can count 'on -
well and lasts,A-100. Exterior Latex Paint this trusted paint to deliver dependable
Ak
is a proven performer that meets your performance that goes beyond comparably
expectations and your`need to keep an eye priced products,
on the bottom line.
A 0
• Proven performer with good hide,adhesion and • Low temperature application down to 35°F.
color retention.
• Efficient coverage and great for routine color •Available in flat, satin, low sheen and gloss.
changes.
• Backed by a 15-Year Limited Warranty.
A-100 IS BROUGHT TO YOU BY A NAME YOU KNOW AND TRUST.
For more than 145 years,Sherwin-Williams has provided Plus with more than 3,900 stores and 2,200 sales
contractors, builders, property managers, architects and representatives across North America, personal service and
designers with the trusted products they need to build expertise is always available near jobsites.To find out more
their business and satisfy customers. A-100 is just one about A-100 Premium Exterior Paint, contact your nearest
more way we bring you industry-leading paint technology Sherwin-Williams store or sales representative. Or to have a
— innovation you can pass on to your customers. rep contact you, call 800-524-5979.
snervnn-wu-a 1 The n
i ms-come X20 4 h�5 crvrin w Iliams Company _2
P Y 8200 944PD W14
4 - 11
SHERWIN-WILLIAMS.
15 Year Limited Warranty
If this exterior product, when applied according to label instructions to a properly prepared surface, peels
or blisters within 15 years from the date of purchase, The Sherwin-Williams Company shall, upon
presentation of proof of purchase to the store where the product was purchased, either replace an
equivalent quantity of product sufficient to repair the peeling or blistering free of charge or refund the
original purchase price. This warranty shall not apply to any defect or damage resulting from improper
surface preparation, structural defects, failure of a previous paint or improper application of the product.
This is your sole remedy under this warranty.
THIS WARRANTY EXCLUDES(1) LABOR OR COSTS ASSOCIATED WITH LABOR FOR THE
APPLICATION OR REMOVAL OF ANY PRODUCT,AND (2)ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may
have other rights, which vary from State to State.
4 - 12