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HomeMy WebLinkAboutCSD-16-029 - HPA-2016-IV-006 (10 Sims Estate Place) REPORT TO:Heritage Kitchener DATE OF MEETING:August 2, 2016 SUBMITTED BY:Brandon Sloan, Manager of Long Range & Policy Planning, 519-741-2200, ext. 7648 PREPARED BY:LeonBensason, Coordinator, Cultural Heritage Planning, 519-741-2200, ext. 7306 WARD(S) INVOLVED:Ward 2 DATE OF REPORT:July 8, 2016 REPORT NO.:CSD-16-029 SUBJECT:Heritage Permit Application HPA-2016-IV-006 10 Sims Estate Place New detached double car garage RECOMMENDATION: THAT pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA-2016-IV-006to permit construction of a new detached double car garageon the property municipally addressed as 10 Sims Estate Place,be refused. Location Map: 10 Sims Estate Place 1 - 1 BACKGROUND: The Community Services Department is in receipt of Heritage Permit Application HPA-2016-IV- 006which is seeking permission to construct a new detached double car garageat the property municipally addressed as 10 Sims Estate Place, also known as the Sims Estate Gardener’s House. REPORT: Existing Conditions The subject property is located on the south sideof Sims Estate Place between Sims Estate Drive andthe dead end portion of the street. The property is designated under Part IV of the Ontario Heritage Act.Built about 1850, it is aphysical reminder of the early settlement of the land by Mennonite pioneering families and of the former rural nature and use of the property. The single detached dwelling is also associated withthe former Sims Estate, having served as the long-time residence of the Sims Estate caretaker and gardener. 10 Sims Estate Place – front and sideelevations Reasons for Designation Designation By-law 2010-77 identifies all elevations as external heritage elements, including: stone walls, all windows, window openings, and wood sills, all exterior doors and door openings, gable roofs and rooflines, and brick chimney. The Designation By-law also identifies natural cultural heritage landscape features, including: upland forest and wooded valley of Chicopee Creek. 1 - 2 Issuance of a Heritage Permit is required to carry out constructionof a newbuildingon the property. Existing Zoning In 2003,the City of Kitchener received Zone Change and Draft Plan of Condominium applications seeking approval to develop the Sims Estate lands. At the time of the applications, the Gardener’s House was included in the development proposal andwas to be conserved on its own lot. In addition to a Part IV heritage designation, the City applied site specific regulations in the zoning by-law as a means of conserving the stone building and its environs. Special Regulation 472 was applied to the zoning of the Gardener’s House lot as follows (author’s bold emphasis): Notwithstanding Section 37.2.1 of the by-law, within the lands zoned R-3 on Schedule 264 of Appendix “A” and described as Part of Lots 118 and 124, German Company Tract, the minimum lot area shall be 0.13 hectares, the minimum lot width shall be 88 metres, the minimum front yard setback shall be 3.5 metres, the minimum westerly side yard setback shall be 13 metresand the minimum rear yard setback shall be 2.3 metres. The yard setbacks established in the special regulation provide a means for preserving the integrity of the Gardener’s House;its context of setting; and of public views to heritage attributes.Giventhe distance between the westerly limit of the property and the Gardener’s House is 13 metres, the sideyard setback effectively serves to preventthe construction of a new building or structure within that side yard. The intent being to establish “breathing room” between the stone house and new townhouse development to the west; and to maintain open and unobstructed views to both the historic house and the upland forest and wooded valley referenced in the designating bylaw. The proposed detached double car garage contravenes this special regulation as it proposes to place the structure within the 13-metre westerly side yard setback. In addition to heritage approval, a minor variance to the zoning bylaw would be required to allow this proposalto proceed. The applicants are requesting approval of a Heritage Permit Application prior to making application to the Committee of Adjustment for a minor variance. Previous Alterations In 2011, a Heritage Permit Application was made to alter 10Sims Estate Place. The application sought the consent of Council to alter the Gardener’s House by adding a 1½-storey addition in the rear yard and a concrete driveway/parking pad in the easterly side yard. The proposalmet the regulations of the zoning by-law and was approved. In describing the merits of the application, it was noted that the proposed alterations are not intrusive;consider the physiography of the site; and does not impact significant views or natural heritage features. 1 - 3 Sims Estate Place Plan showing location of alterations approved in 2011 Proposal The applicant proposes to construct a detached double car garage to the west of the existing stone house, with the following specifications: The exterior of the garage will be board and batten style in keeping with the heritage home, Hematite in colour. The trim is Royal Clay, man door is Royal Clay, garage doors Royal Clay and the shingles are Weathered Wood. The garage doors are roll up style made to look like they are on a hinge, interlocking stone will cover the area between the house and the garage along with vegetation. The applicant advises that the design and colour of the garage matches the house; that its height and placement provides visibility to the forest behind and on either side; and that it is sufficiently set back to maintain views to the historic stone house. In support of locating the garage in the westerly side yard, the applicant states that the garage would serve as agradual transition and buffer between the stone house and the townhouse complex to west; is closer to garbage and recycling pick-up; and that such location was identified by staff as potentially suitable in correspondence back in 2014. Further, theapplicant advises that constructing the garage in the easterly side yard would disturb and block their view of the forest and natural vegetation, and block public view of the smokehouse. 1 - 4 Rendering of proposed garage in westerly side yard, provided by the Applicant Discussion While the board and batten style cladding and colour scheme proposed to be used in the construction of the garage is complementary, the structure at 7.11 m wide (23’- 4”)by7.7m long (24’- 8”) and 4.6m high (15’- 2”) will have a footprint that is almost as large as the original stone house (roughly 75% the size) and will be a dominant new structure in an area that currently features unobstructed views to the stone house andnatural landscape. It is this open setting within the westerly side yard (as currently protected throughSpecial Regulation 472) which helps to distance the stone house from new constructionto the west, andassists in placingthe stone house within a naturalsettingas viewedwhen one first approaches the property from Sims Estate Place. Heritage Planning staff appreciate the comments of the applicant regarding why they prefer the double car garage to be located in the westerly side yard. However, staff areof the opinion that the bestsolution from both a cultural heritage and zoning perspective remains one that is in compliance with the regulations of the zoning by-law and is respective of the intent of maintaining an open and clear view to the identified heritage attributes. While building the garage further back in the westerly side yard may maintain views to the stone house, the structure will impact views to the upland forest and wooded valley of Chicopee Creek referenced in the designation and will have an impact on the context of setting at a critical vantage point.It would also appear as though a large garage islocated ‘in front’ of the house. 1 - 5 Sims Estate Place Garage location preferred by Planning staff Site Plan showing location of newdetached garage in westerly side yard as proposed by Applicant and preferredlocation in easterly side yard currently recommended by Planning staff. The construction of a new double car garage can be accommodated on the property east of the Gardener’s House and in the general location of the existing concrete driveway/parking pad. Taking zoning setbacks into consideration, the double car garage would be setback beyond the front elevation of the stone house. Theimpact of thescale of the garage would be muted as it would not be as publicly visiblewhen approaching the propertyfrom Sims Estate Place. 10 Sims Estate Place – view as one approaches from Sims Estate Place 1 - 6 The image on the preceding page shows the subject property as one first approaches from Sims Estate Place. There is no other development and the road ends beyond the stone house. The existing concrete parking pad is beyond the stone house in the easterly side yard. A garage constructed generally toward the end of the concrete pad (image below) would not be visible as one approaches the property from Sims Estate Place. However, its construction may require the removal of a few mature trees. 10 Sims Estate Place – existing concrete pad Theapplicant has suggested the construction of a garage in the easterly side yard will impact public views to the smoke house and easterly facade of the original stone house. While this may be true, the greatest number of views to the property will likely be gained from the west as one first approaches via Sims Estate Place, and from the public trail which meanders through the former Sims Estate from the south and west as illustrated below. Greatest public view to property isfrom the West Public Trail 1 - 7 The applicant also advises that construction of a garage in the easterly side yard will impact their views to the natural landscape. Staff suggest that the placement of the garage, if setback the minimum 6 metres from the property line (as required in the zoning by-law), would still enable the applicant to gain views to the upland forest and wooded valley from the windows of the house addition, as the rear wall of the garage would not have to extend beyond the existing smoke house (see image below). Summary of Heritage Considerations In reviewing the merits of the application, Heritage Planning staff note the following: Construction of a garage within the westerly side yarddoes not conformor appear to meet the intent ofSpecial Regulation 472 of the zoning by-law, which serves to preserve the open setting and prevent new construction within the westerly side yard; The proposed location of the garage will impact views to the upland forest and wooded valley of Chicopee Creek referenced in the designation by-law and will have an impact on the context of setting at a critical public vantage point; The scale of the proposed garage may compete with, andis not subordinate to, the modest scale of the stone house, as viewed from Sims Estate Place; and, A garage of similar scale can be accommodated within the easterly side yard, where its placement and scale will not visually compete with the stone house as one first approaches and views the property from Sims Estate Place. 1 - 8 As Heritage Planning staff are of the opinion that the most appropriate location for the construction of a garage on the subject property is within the easterly rather than westerly side, staff are recommendingrefusal of the application as submitted. Giventhat there are some merits to the applicants’ proposal, it is important that if there is any decision other than a refusal, that typical conditions such as approval of a Committee of Adjustment application and review of building permit drawings be considered. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the City’s strategic vision through the delivery of acore service. 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. ACKNOWLEDGED BY: Alain Pinard, Director of Planning APPENDIX A: Heritage Permit Application HPA-2016-IV-006 APPENDIX B: Applicant rationale for approval APPENDIX C: Drawings 1 - 9 APPENDIX'A' 1 - 10 1 - 11 1 - 12 1 - 13 1 - 14 1 - 15 10 S ims Estate Place Garage Proposal- June 24, 2016 We purchased our home at 10 Sims Estate Place in the spring of drew us in for so many reasons. I was born and raised in Kitchen skiing at Chicopee with family and friends. My husband and I kn in the K-W area. s a Canadian History major and the heritage as Sims Estate Place drew us in. We are both avid paddlers and hike we paddled down the Grand River and have walked along the banks times with family. Prior to making an offer on our home, we researched the pro property and backs onto Grand River Conservation land. We spoke about this property on several occasions prior to purchase. She Heritage Association wants to work with property owners. We lived in an 80 year-old home in Toronto and renovated it, while keeping the original cha intact. After going through this house in Kitchener, we knew we home. The exterior mortar is in need of repair and landscaping h These are some of the things we would like to do once we are set pride in maintaining our home. Prior to purchase, we inquired about building a garage at 10 Sim Michelle referred us to the two green circles on the aerial prop this proposal) She also said that there is often give and take f issues. When we were ready to put in an offer on this property, provided our realtor with a letter and the map from Michelle Dra locations where a garage could be built. In her email to the sel the map, she wrote, “Please find attached a copy to the Part IV(Individual) Designat Place. Alteration to the house, smokehouse or landscape may requ of a new detached garage would require a heritage permit. I have for a new detached garage. It will be critical to select a locat law, is permitted by the GRCA and minimizes the impacts to the h designating by-law. Specific to heritage, it will be important building do not dominate over the original house and that any re happy to meet with yourself or anyone else to discuss.” We understood we would need approval from The Heritage Associati GRCA. We have been in contact with GRCA with regards to our gara After submitting our design and layout to the Heritage Association we rec feedback and then we were informed that there is special provisi stated that there is a 13 metre setback on the western side. We a local contractor since the beginning stages of our garage desi other heritage sites in the Kitchener-Waterloo area. We have mad our initial design, including pushing the garage back to ensure from all angles as one approaches from the road. 1 - 16 For many reasons we are submitting a request for a variance from Association to this provision. The view of our home from Sims Estate Place. Proposed location of the garage. 1 - 17 Artist rendering of proposed garage. We have chosen this location for a number of reasons. As ou a new condominium townhouse complex, we would like to see a grad new to original structures. By incorporating a carriage house de board and batten siding that matches the colour of our home, we be met. The west side of our property is an open space with grassy and hard soil. It appears to be in this condition due to the bui We would landscape the area around the driveway to maintain a ga established before we purchased our home. We would like a place to store garbage and recycle bins. We appearance of our home and at this time, we are storing these it A garage would give us space to keep such items. The height of the rafter has been designed to ensure the home is visible from Sims Estate Drive. The detached garage als either side back toward the conservation land. We would like to cannot see the canopy when standing in front of the townhouses. The garage is set back from the road so to allow a view of the g you approach from the west side along the road. 1 - 18 For those who would like to experience and see the forest first behind the townhouses and our home. The next two photos are the east side of our home. This was also as an area to build a garage for 10 Sims Estate Place. 1 - 19 There are a number of reason why we would not want to build a ga of our property. As you can see from the photos, this is a habi wildflowers, trilliums, wild ginger and Jack in the pulpit. The walk past the many large trees in this area. We would rather bui vegetation has already been disrupted by development. We feel with landscaping and plantings, we can make the west side of our home have a much more pleasing appearance and still provide a lovely view of the natur remains behind our property. 1 - 20 When you walk to the original stone gateway at the far east end o back at our home, you can see the main stone wall of our home an smokehouse. As well, this is the side that you are able to view southeast, across the ravine. Of course, these views are there d and early spring, as the vegetation in this area does fill in be side of our home would block the view of these features. We are so excited to make 10 Sims Estate Place our home, a place enjoy retired life while maintaining the integrity of our home b be functional for us. As we are not getting any younger, we also place that meets our needs, to be able stay there a very long ti our home, we were made aware of the fact that our garbage and re were to be carried up to the main road. It was also shared with laneway would be one of the last areas plowed in the winter, as needed to do this job. A garage on the west side of our home she winter snow and ice while being closer to the main road. It allo and recycle bins stored away but closer to the main street. We do hope you will work with us to make this improvement to our variance to the 13 metre by-law. We look forward to being a part August 2nd planning meeting. 1 - 21 1 - 22 1 - 23 APPENDIX 'C' 1 - 24 1 - 25 1 - 26