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Home My WebLink AboutCSD-17-103 - Notice of Intention to Demolish - 1940 Fischer Hallman RoadREPORT TO: Heritage Kitchener DATE OF MEETING: December 5, 2017 SUBMITTED BY: Brandon Sloan, Manager of Long Range & Policy Planning 519-741-2200, ext. 7648 PREPARED BY: Michelle Drake, Senior Heritage & Policy Planner 519-741-2200 ext. 7839 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: November 15, 2017 REPORT NO.: CSD-17-103 SUBJECT: Notice of Intention to Demolish Portions of the Building 1940 Fischer Hallman Road RECOMMENDATION: That, in accordance with Section 27(3) of the Ontario Heritage Act, the written Notice of Intention to Demolish dated October 20, 2017 regarding the property municipally addressed as 1940 Fischer Hallman Road, be received for information and that the notice period run its course. Draft Plan of Subdivision 30T-07205(1940 Fischer Hallman Road) & Becker Heritage House (Block 1, Stage 19) 3 - 1 BACKGROUND: The Community Services Department is in receipt of aNotice of Intention to Demolishportions of the building municipally addressed as 1940 Fischer Hallman Road, which islisted as a non- designated property of cultural heritage value or intereston the Municipal Heritage Register. 1940 Fischer Hallman Road (including south porch) REPORT The building is a former farmhouse built circa 1870 in the Victorian Gothic style. The farmhouse is located within the draft approved plan of subdivision 30T-07205, commonly referred to as Becker Estates. A Heritage Impact Assessment (HIA) was submitted in 2008 and a Conservation Plan (CP) was submitted in 2009 as part of the review of the proposed subdivision. Both documents identify the farmhouse as a significant cultural heritage resource. The HIA was discussed at the February 3, 2009 Heritage Kitchener committee meeting. Work to develop the subdivision has not proceeded since sanitary servicing was not available for the area. Services to the area are now imminent and the applicant has submitted an updated Conservation Plan, which confirms how the building will be conserved in the short-term, including the works required to facilitate future interim and permanent uses of the building. In order to proceed with the proposed conservation works, certain structures and portions of the building located at 1940 Fischer Hallman Road require demolition. In accordance with the 3 - 2 Ontario Heritage Act, the owner has submitted a formal notice of the intention to demolish these structures and portions of building. Ontario Heritage Act Provisions Part IV, Section 27(3), of the Ontario Heritage Actprovides certain protections to properties Listed as non- Restriction on demolition, etc. (3) If property included in the register under subsection (1.2) has not been designated under section 29, the owner of the property shall not demolish or remove a building or structure on the property or permit the demolition or removal of the building or structure unless the owner to demolish or remove the building or structure or to permit the demolition or removal of the building or structure. In accordance with the Act, Council has 60 days from October 20, 2017 (date of receipt of the Notice of Intention to Demolish), to act, if it so chooses, on this Notice of Intention to Demolish. The 60 days provides Council with the time it requires to issue a Notice of Intention to Designate the property as a means of preventing the demolitions. Merits of Notice of Intention to Demolish The former farmhouse is in near original condition with the exception of the south porch and the th north masonry/stucco addition. The south porch was altered in the mid-20 century and the north addition was added circa 1950. Other exterior features of the farmhouse are in need of repair or replacement, including the east porch and the west cellar entrance. The east porch floor and roof have been altered and the wood posts, brackets and trim require replacement. The west cellar entrance requires repair/replacement. The CP identifies a number of conservation works that are required to rehabilitate and protect the building and its heritage attributes. The conservation works include the proposed demolition of the south porch, north addition, east porch and the west cellar entrance. In the immediate short-term, these demolitions will facilitate: (1) the repair and replacement of exterior masonry and related works such as the repair of the frieze and the replacement of the roof; and, (2) the repair of the stone foundation and related works such as the installation of damp proofing and weeping tile. North Addition (garage and wood shed) 3 - 3 East PorchWest Cellar Entrance The Notice of Intention to demolish letter dated October 20, 2017 and prepared by Carson Woods Architects Limited on behalf of the property owner , outlines the following specific structures and portions of buildings as proposed to be demolished: th Demolish the south porch, which was altered in the mid-20 century. The HIA recommends restoring to its original style. The CP recommends constructing a new south porch with wood posts, brackets and trim that match the details of the original east porch. The demolition will also facilitate work required to repair the exterior masonry walls and the stone foundation. Demolish the north addition, which was added circa 1950. The HIA recommends demolishing to facilitate a future addition. Heritage Design Guidelines will be developed to guide the location and design of a future addition. The demolition will also facilitate work required to repair the exterior masonry walls and the stone foundation. Demolish the east porch because the floor and roof have been altered and the wood posts, brackets and trim require replacement. The CP recommends that the owner store the wood posts, brackets and trim to facilitate the construction of a new east and south porch with wood posts, brackets and trim that match the details of the original east porch. The demolition will also facilitate work required to repair the exterior masonry walls and the stone foundation. Demolish the west cellar entrance, which requires repair/replacement. The CP recommends that the entrance be rebuilt to match the existing. The demolition will also facilitate work required to repair the exterior masonry walls and the stone foundation. 3 - 4 Under the Ontario Heritage ActNotice of Intention to Demolish. Rather, the following: 1. request further information; 2. receive the Notice of Intention to Demolish, allowing the notice period to run its course, at the end of which the Building Division may issue a demolition permit as early as December 18, 2017; or 3. Council may issue a Notice of Intention to Designate, at which point Council would have the authority to deny demolition. In this case, Heritage Planning staff recommend Option #2 whereby Council receives for information the Notice of Intention to Demolish and allows the notice period to run its course. Heritage Planning staff are of the opinion that no action to designate the property is warranted at this time. The purpose of any heritage designation in this context would be to prevent the demolition of the structures and portions of the building noted above. Preventing these demolitions would frustrate the rehabilitation of the farmhouse, which has been vacant for years, andis in need of repairs. It is the opinion of Heritage Planning staff that these repairs must proceed before/during the winter of 2017/2018 in order to maintain the integrity of the farmhouse and prevent further deterioration. The owner has advised that they intend to proceed and complete these repairs by the spring of 2018. The HIA and CP have confirmed that these demolitions should proceed in order to rehabilitate the farmhouse. Original features such as the wood posts, brackets and trim will be stored to facilitate the construction of a new south and east porch. The HIA and CP have provided notes, drawings and photographs that document the south porch, north addition, east porch and west cellar entrance. The significant heritage attributes of the former farmhouse are being retained and conserved. Conservation measures have been identified through the draft approved plan of subdivision to ensure provincial, regional and municipal heritage policy and objectives are addressed. Implementation of such conservation measures have and will be achieved through conditions of the draft approved plan of subdivision. Addressing conservation objectives through the draft approved plan of subdivision process and deferring a heritage designation to a time following completion of the rehabilitation and development roach for other subdivision projects. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: through the delivery of core service. FINANCIAL IMPLICATIONS: N/A COMMUNITY ENGAGEMENT: INFORM - Heritage Kitchener committee meeting. CONSULT - Heritage Kitchener has been consulted regarding the subject Notice of Intention to Demolish. ACKNOWLEDGED BY: Alain Pinard, Director of Planning APPENDIX A: Notice of Intention to Demolish, dated October 20, 2017 3 - 5 October 20, 2017 Planning Division City of Kitchener PO Box 1118 Kitchener ON N2G 4G7 Attention: Michelle Drake, Senior Heritage & Policy Planner Regarding: Notice of Intention to Alter and Demolish portions of the Becker House located at 1940 Fisher-Hallman Road, City of Kitchener, 'listed' (non- designated) on the City of Kitchener Heritage Register as per Section 27 of the Ontario Heritage Act. Dear Ms. Drake, Carson Woods Architects Limited is retained by the owner of the subject lands as heritage consultant pursuant to the approved HIA dated October 24, 2008 and Conservation Plan dated August 11, 2009. The purpose of this letter is to provide you with notice in writing that the owner of the subject lands intends to alter the building, which includes the demolition of some features. Section 27 of the Ontario Heritage Act requires that the Council of a municipality be given at least 60 days notice in writing of the intention to demolish as follows: Restriction on demolition, etc. (3) If property included in the register under subsection (1.2) has not been designated under section 29, the owner of the property shall not demolish or remove a building or structure on the property or permit the demolition or removal of the building or structure unless the owner gives the council of the municipality at least 60 days notice in writing of the owner's intention to demolish or remove the building or structure or to permit the demolition or removal of the building or structure. 2006, c. 1 1, Sched. B, s. 7 7 (2). 3 - 6 2 2 The purpose of the 60 days noticeis to give Council the appropriate time to consider the requested demolition. th The stone farmhouse building has local cultural heritage value for the quality of its 19 Century Victorian Gothic architecture. However, the structure also includes a much later and unsympathetic addition attached to it. With the exception of some original east porch wood posts and decorative scroll work, the proposed demolition will not adversely affect the heritage attributes as outlined in the October 2008 HIA and subsequent 2009 Conservation Plan. The original wood details at the east porch will be retained on site and used as a pattern for future restoration of the east and south porches. Please accept this letter on behalf of our client as formal Notice of Intention to demolish portions of the building located on the subject lands as follows: 1.Demolish the unheated concrete block garage and attached shed on the north side of the stone building. 2.On the west side, demolish the shed at the exterior Cellar door. This wooden structure will be rebuilt to match the existing shed, on the existing foundations, as part of later planned rehabilitation. 3.Demolish the east side porch and roof. Ensure that wooden porch posts and decorative scroll work details are carefully removed and stored on site. 4.Demolish c. 1940’s north porch, roof and brick piers. 5.Remove the T.V. antenna tower. The purpose of demolishing these building elements is to expose the heritage stone masonry for evaluation and restoration as part of needed and ongoing preservation works. It is our professional opinion that the proposed demolition is reasonable and can be supported. The significant heritage attributes of the building will be retained and potential adverse impacts, though minimal, can be mitigated. The proposed demolition facilitates conservation of the heritage asset. 3 - 7 3 - 8