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Home My WebLink AboutDSD-19-228 - By-law for Covenant for the Conservation of a Hog and Hen House at 883 Doon Village RoadREPORT TO: Heritage Kitchener DATE OF MEETING: October 1, 2019 SUBMITTED BY: Brandon Sloan, Manager of Long Range & Policy Planning 519-741-2200 ext. 7648 PREPARED BY: Victoria Grohn, Heritage Planner, 519-741-2200 ext. 7839 WARD (S) INVOLVED: Ward 4 DATE OF REPORT:September 17, 2019 REPORT NO.: DSD-19-228 SUBJECT: By-law under Section 37(1) of the Ontario Heritage Act to enter into a heritage covenant with the owner of the lands municipally addressed as 883 Doon Village Road, for the conservationof a former Hog and Hen House. __________________________________________________________________________________ RECOMMENDATION: th That the draft by-law dated October 7, 2019attached to Development Services Department report DSD-19-228, to allow the City to enter into a heritage covenant with the owner of the lands municipally addressed as 883 Doon Village Road, for the conservation of a former Hog and Hen House, be adopted. Location Map: 883 Doon Village Road *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994for assistance. 2 - 1 BACKGROUND: In 2018,the Development Services Department received Consent Applications B2018-006 through B- 2018-009 to sever a portion of the property municipally addressed as 883 Doon Village Road in order to facilitate the creation of 4 new lotsand 1 retained lot. The Committee of Adjustment approved the Consent Applications, subject to conditions,on April 17, 2018. In 2019, the Development Services Department received Change of Conditions Applications CC2019-001 through CC2019-004 in order to extend the timeframe in whichto complete the consent conditions. The Committee of Adjustment approved the Change of Conditions Applications, subject to conditions,on February 19, 2019. The subject propertyis roughly 1.32 acres in size andcontains a historic dwelling, former Hog and Hen House, and a modern garage. The property is designated under Part IV of the Ontario Heritage Act. 883 Doon Village Road (Front Elevation) REPORT: Heritage Planning staff are working collaboratively with the property owners in establishing long term heritage conservation measures that are proposed to be implemented through the Committee of Adjustment application process. The current location of the formerHog and Hen House is where the proposed 4 lots are to be created. A Heritage Impact Assessment was undertaken and consideredthe relocation of the former Hog and Hen House to the retained lot in order to facilitate the creation of the 4 new lots and maintain its existing capacity as a garage/shed.The HIA, which was discussed at the Heritage Kitchener meeting of January 9, 2018, concluded that the preferred conservation option involves relocating the former Hog and Hen House a short distance to the retained lot, which would result in retaining the historical and associative relationship of the former Hog and Hen House with the dwelling. The former Hog and Hen House was assessed by a structural engineer 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 in sound condition to be relocated a short distance onto the retained lot. 2 - 2 Former Hog and Hen House to be Relocated Current and Proposed Location of former Hog and Hen House 2 - 3 In order to ensure the former Hog and Hen House is conserved in a timely manner and in accordance with the conditions of planning approval, the City intends to accept a letter of credit from the owners as a security for the cost of its relocation and rehabilitation including any repair, restoration or reconstruction of the building’s heritage attributes required on account of its move to ensure 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 owners under the Ontario Heritage Act. Section 37(1) of the Ontario Heritage Act enables municipal 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 into a covenant. Heritage Kitchener will be st consulted at the Committee meeting of October 1, 2019. Heritage Planning staff anticipate that the proposed covenant will be temporary and that the obligation of the owners pursuant to the covenant will end upon the successful relocation of the former Hog and Hen House and confirmation of its structural soundness following its relocation. CONCLUSION: In order to secure the obligation of the owner to relocate the former Hog and Hen House located at 883 Doon Village Road, the owners of the property municipally addressed as 883 Doon Village Road have agreed to provide the City with a letter ofcredit 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, staff recommend approval of the draft by-law attached to report DSD-19-228. 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 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 former Hog and Hen House and entering into a heritage covenant. Section 37(1) of theOntario Heritage Act requires Council to consult with the Municipal Heritage Committee (Heritage Kitchener) before passing a by-law providing for entering into a heritage covenant. Heritage Kitchener will be consulted via circulation and consideration of this report. 2 - 4 REVIEWED BY: Leon Bensason, Coordinator, Cultural Heritage Planning ACKNOWLEDGED BY: Alain Pinard, Director of Planning th APPENDIX A: Draft by-law dated October 7, 2019to allow the City to enter into a heritage covenant with the owner of the lands municipally addressed as 883 Doon Village Road, for the conservation of a former Hog and Hen House. 2 - 5 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 as 2, Plan 1445Block 1,and currently municipally addressed as 883 Doon Village Road, for the relocation and conservation of a small accessory building known as the Hog and Hen House). WHEREAS section 37(1) of the Ontario Heritage Act allows council of a municipality to passa 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 small accessory building locatedon land described as Tract Part Lot 2, Plan 1445 Block 1, and currently municipally addressed as883 Doon Village Hog and Hen AND WHEREAS Council and the owner of the Hog and HenHouse recognize that the Hog and HenHouse 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 Hog and HenHouse to conserve the Hog and HenHouse; AND WHEREAS Council and the owner of the Hog and HenHouse wish to conserve the Hog and HenHouse; NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: 1.That the Mayor and Clerk be authorized to executea heritage covenant satisfactory to the City Solicitor with the owner of the real property on which a small accessory buildingknown as the Hog and HenHouseis 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 Kitchenerthisday of, A.D. 2019. _____________________________________ Mayor _____________________________________ Clerk 2 - 6