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HomeMy WebLinkAboutCSD-17-055 - By-law under Section 37 for 710 Huron Road - The Grant House REPORT TO: Heritage Kitchener DATE OF MEETING: June 6, 2017 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 5 DATE OF REPORT: May 16, 2017 REPORT NO.: CSD-17-055 SUBJECT: By-law under Section 37(1) of the Ontario Heritage Act to enter into a heritage covenant with the owner of the lands described as 161, and currently municipally addressed as 710 Huron Road, for the conservation of a stone farmhouse known as the Grant House. ____________________________________________________________________________________ RECOMMENDATION: That the draft by-law dated May 16, 2017 attached to Community Services Development report CSD-17-055, to allow the City to enter into a heritage covenant with the owner of the lands described municipally addressed as 710 Huron Road, for the relocation and conservation of a stone farmhouse known as Grant House, be adopted. Location Map: 710 Huron Road 3 - 1 BACKGROUND: The City of Kitchener has received Draft Plan of Subdivision (30T-15210) and Zone Change (ZC 15/07/H/GS) applications for a 5.35 hectare property located on the south side of Huron Road th currently municipally addressed as 710 Huron Road. The subject propertycontains a mid-19 th century fieldstone farmhouse with 20 century additions, known as the Grant House. The one- and-one-half storey stone residence is thought to have been constructed c.1864. The property is on the Heritage Kitchener Inventory of Historic Buildings. front façade of 1683 Huron Road 710 Huron Road North (Front) Elevation REPORT: City staff are working cooperatively with the property owner in establishing long term heritage conservation measures that are proposed to be implemented through the plan of subdivision and zone change application process.The current location of the existing farmhouse is in the centre of the planned cul-de-sac. A Heritage Impact Assessment was undertaken and considered several conservation options ranging from preservation of the farmhouse in-situ to documentation and disassembly. The HIA concluded that while retaining the building in its existing location posed no direct adverse impact to the building, such proposal was suboptimal in regard to the efficient use of the lands and in terms of the grading of the proposed subdivision. The farmhouse was assessed by a heritage architect and building specialist who is a member of the Canadian Association of Heritage Professionals (CAHP), as well as a professional house moving company, and was found to be a good candidate for relocation within the proposed subdivision. Several options for relocation were considered for their ability to provide prominence and visibility within the proposed subdivision, and to accommodate opportunity for expansion. A preferred conservation option was identified and involves relocating the original farmhouse portion of the building a very short distance to a planned corner lot (see figures below). 3 - 2 th Proposed Subdivision Layout Showing Current Location of Farmhouse with 20 C. Additions Current location of original farmhouse Proposed location of original farmhouse following its move to corner lot In order to ensure the stone farmhouse is conserved in a timely manner and in accordance with the conditions of planning approval; the City intends to take a letter of credit from the owner as a security to pay for the cost of its relocation and rehabilitation including any repair, restoration or its structural soundness. The owner has agreed to provide the City with such letter of credit. The most appropriate mechanism through which the City can receive a letter of credit for heritage conservation purposes, is through a covenant entered into with the property owner under the Ontario Heritage Act. Section 37 (1) of the Ontario Heritage Act enables municipal 3 - 3 councils to enter into easements or covenants for the conservation of property of cultural heritage value or interest. In accordance with the Act, before entering into the covenant, Council shall consult with its heritage advisory committee and then pass a by-law providing for entering th into a covenant. Heritage Kitchener will be consulted at the Committee meeting of June 6, 2017. In passing a by-law providing for the entering into a covenant, the City will be giving no assurance that the subdivision plan proposed for the subject property will be approved by the City, nor is the possibility of such approval increased on account of the owner entering into the covenant. City Staff anticipate that the proposed covenant will be temporary and that the obligation of the owner pursuant to the covenant will end upon the successful relocation and rehabilitation of the farmhouse and confirmation of its structural soundness following its relocation. CONCLUSION: In order to secure the obligation of the owner to relocate and rehabilitate the stone farmhouse currently located at 710 Huron Road and known as the Grant House, the owner of the farmhouse has agreed to provide the City with a letter of credit and enter into a heritage covenant. In accordance with the Ontario Heritage Act, Council is required to pass a by-law providing for entering into a covenant for conservation purposes. Accordingly, City staff recommend approval of the draft by-law attached to report CSD-17-055. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: through the delivery of core service. FINANCIAL IMPLICATIONS: N/A COMMUNITY ENGAGEMENT: INFORM, CONSULT AND COLLABORATE Heritage Planning staff have consulted and collaborated with the property owner regarding the conservation of the subject farmhouse and entering into a heritage covenant. Section 37(1) of the Ontario Heritage Act requires Council to consult with the Municipal Heritage Committee (Heritage Kitchener) beforepassing a by-law providing for entering into a heritage covenant.Heritage Kitchener will be consulted via circulation and consideration of this report. Members of the community will be informed via circulation of this report to Heritage Kitchener and via formal consideration by Council. ACKNOWLEDGED BY: Alain Pinard, Director of Planning APPENDIX A: Draft by-law dated May 16, 2017 to allow the City to enter into a heritage covenant with the owner of the lands described Plan 640 Part Lots 160 and 161, and currently municipally addressed as 710 Huron Road, for the relocation and conservation of astone farmhouse known as the Grant House. 3 - 4 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to allow the City to enter into a heritage covenant with the owner of the lands described Part Lot 13, Plan 640 Part Lots 160 and 161, and currently municipally addressed as 710 Huron Road, for the relocation and conservation of a stone farmhouse known as the Grant House). WHEREAS section 37(1) of the Ontario Heritage Act allows council of a municipality to pass a by-law providing for the entering into of covenants with owners of real property for the conservation of property of cultural heritage value or interest; AND WHEREAS there is a house located on land described Part Lot 13, Plan 640 Part Lots 160 and 161, and currently municipally addressed as 710 Huron Road, Grant House AND WHEREAS Council and the owner of the Grant House recognize that the Grant House is a structure of cultural heritage value or interest; AND WHEREAS the municipal heritage committee in Kitchener known as Heritage Kitchener supports the entering into of a covenant with the owner of the Grant House to conserve the Grant House; AND WHEREAS Council and the owner of the Grant House wish to conserve the Grant House; NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: 1.That the Mayor and Clerk be authorized to enter a heritage covenant satisfactory to the City Solicitor with the owner of the real property on which a stone farmhouse known as the Grant House is presently situated to provide for its relocation and conservation and authorize staff to take such steps as may be necessary to register the heritage covenant against the real property affected. PASSED at the Council Chambers in the City of Kitchener thisday of , A.D. 2017. _____________________________________ Mayor _____________________________________ Clerk 3 - 5