HomeMy WebLinkAboutDSD-2021-041 - Heritage Permit Application HPA-2021-IV-006 - 300 Joseph SchoergREPORT TO:Heritage Kitchener
DATE OF MEETING:March 2, 2021
SUBMITTED BY:Bustamante,Rosa,Director of Planning,519-741-2200ext. 7319
PREPARED BY:Drake, Michelle, Heritage Planner, 519-741-2200 ext. 7839
WARD(S) INVOLVED:Ward 3
DATE OF REPORT:Friday, February 12, 2021
REPORT NO.:DSD-21-041
SUBJECT:HPA-2021-IV-006
300 Joseph Schoerg Crescent
Construction of a Detached Garage
RECOMMENDATION:
Thatpursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application
HPA-2021-IV-006to permit the construction of a detached garage on the property
municipally addressed as300 Joseph Schoerg Crescent, be refused.
REPORT HIGHLIGHTS:
This report supports the delivery of core services.
BACKGROUND:
The Development Services Department is in receipt of Heritage Permit Application HPA-
2021-IV-006which is seeking permission to construct a detached garage on the property
municipally addressed as 300 Joseph Schoerg Crescent(formerly addressed as 437
Pioneer Tower Road).
Location Map 1: 300 Joseph Schoerg Crescent within Pioneer Towner West community
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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The subject property is part of the earliest inland non-native settlement of what would
become Waterloo County. As a result, a Heritage Impact Assessment (HIA) prepared by
Nicholas Hill, Architect/Planner, dated April 3, 1996 wasrequired andsubmitted in support
of Plan of Subdivision 30T-95016. The HIA described the heritage resources to include the
history of settlement in the area, the buildings (the farmhouse, the barn, the drive shed and
adjacent buildings), and the landscape. With respect to the broader landscape in the area,
the HIA references “a diverse landscape, comprising the flat top land with fields under
cultivation, the brow of the river valley upon which is situated the farmstead, and the
floodplain of the Grand River to the South.”Within the vicinity of the farmstead, the HIA
further identifies noteworthy landscape features such as the view sheds of the river valley
from the west side, and the farmyard around the barn, drive shed, and farmhouse.
The HIA recommended a preferred optionusing evaluation criteria such as whether
significant landscapes would be conserved. The preferred option and what we see today is
the farmhouse and drive shed retained on one large private lot while the area between the
private lot and the Pioneer Tower is now a continuous open park area.
The preferred option also outlined several mechanisms to conserve the historic features.
The heritage mechanisms recommended were the use of a Heritage Conservation District
(HCD) and Heritage Conservation Easement Agreements (HCEA). Opportunities for the
Pioneer Tower West HCDPlan were explored with a sub-committee of staff andproperty
owners. Ultimately, in lieu of a HCD, it was agreed thatthe Historic Pioneer Tower West
Community Heritage Design Guidelines (2003) would be used together withPart IV
designations ofthe Betzner and Schoerg properties along with public ownership of
remaining lands on the south sideof Joseph Schoerg Crescent to provide a similar level of
conservation and protection.
Implementation of the conservation measures began with the subject property being
designated under Part IV of the Ontario Heritage Act in 2003andthen entering intoa
Heritage Conservation Easement Agreement(HCEA)with the Cityin 2004. Thedesignating
by-law was updated in 2007 to reflect a change in address, a land exchange, and to align
the description of the heritageattributeswith the HCEA.
Various discussions have taken place with former and present owners between 2007 and
2021. Some of these discussions resulted in formal Heritage Permit Applications. Various
options for a garage have been discussed, including: converting the main floor of the drive
shed to provide two parking spaces, converting the undercroft of the drive shed to provide
two parking spaces, constructing a detached garage behind the drive shed, constructing a
detached garage between the drive shed and the farmhouse, and constructing a detached
garage east of the farmhouse. Heritage Planning staff have advised that an application to
construct a detached garage between the drive shed and the farmhouse would not be
supported given impacts to the Cultural Heritage Landscape, specifically thefull or partial
loss ofunobstructed viewsto the Grand River Valley,and the change in spatial relationship
around the drive shed, and between the drive shed and the farmhouse.
REPORT:
The subject property is located on the south side of Joseph Schoerg Crescent in the Pioneer
Tower West community. The property is designated under Part IV of the Ontario Heritage
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Act and subject to a Heritage Conservation Easement Agreement. The key features that
define the character of this property include: the farmhouse; the drive shed; and, the cultural
heritage landscape.
Heritage Attributes
The significant built heritage resourcesthat express the cultural heritage value and interest
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of the property, as early examples of the 19century Mennonite Georgian architectural style,
are the Betzner Farmhouse and the BetznerDrive Shed. All elevations of the farmhouse
and drive shed are identified as heritage attributes. Given the scope of HPA-2021-006, the
specific heritage attributes on each building elevationare not outlined in this report.
The significant heritage attributes that contribute to the cultural heritage value and interest
of the property as an important link to the history of the City of Kitchener and Waterloo
County while at the same time collectively forming a cultural heritage landscape(CHL)on
the property that is located within a broader CHL are: “views atop a ridge of land overlooking
a natural environment and natural heritage features that attracted the pioneer settlers to the
area over 200 years ago, including rich, fertile soils, a mixture of dense forest and open
meadows, and proximity to the Grand River; and, the historic cluster and spatial order of
buildings having ties to the original founding families”.
The supporting information submitted with the owner’s application includes several
photographs as well as a short video. Below are photos taken by staff between 2008 and
2021 at different times of the year, generally showing the same view between the driveshed
and farmhouse.
Photo 1: View South from public right-of-way (street curb) toward Grand River Valley (City
of Kitchener, 2008)
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Photo 2: View South from public right-of-way (sidewalk) toward Grand River Valley (City of
Kitchener, 2009)
Photo3: View South from public right-of-way (sidewalk) toward Grand River Valley (City of
Kitchener, 2010)
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Photo 4: View South from public right-of-way (street) toward Grand River Valley (City of
Kitchener, 2011)
Photo 5: View South from public right-of-way (sidewalk) toward Grand River Valley (City of
Kitchener, 2021)
Description of Proposal
The applicant is proposing to construct a detached two car garage between the farmhouse
and the drive shed.The garage would be 22’ wide by 24’ deep and clad in the same board
and batten as the drive shed. The garage would be 528 square feet and its roofline would
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be perpendicular to the drive shed roofline. A full copy of the owner’s application may be
found in Appendix ‘A’.
Figure 1: Elevation Drawings and Floor Plan of Proposed Garage
Figure 2: Proposed placement of new detached garage (Not toScale)
Heritage Planning Comments
The owner’s application contains some opinions and statements that are based on
misunderstandings of definitions, legislation and policies. Heritage Planning staff has
pointed out and clarified these misunderstandingsto the owner. As it is a new term for
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Heritage Kitchener, and several members of the committee arenew, the clarifications have
been briefly summarized in Appendix ‘B’.
The concept of a cultural heritage landscape was only in its infancy during the mid 1990s.
Architects, heritage advocates and the small group of Heritage Planners that existed were
beginning to share the idea that the broader context within which cultural heritage resources
sit is important. The City was ahead of most municipalities in hiring a Heritage Planner and
beginning to require Heritage Impact Assessments (HIA) as part of the land use planning
process.
With respecttothe subject property, as outlined in greater detail above in the Background
section, a HIA was required with the submission of a plan of subdivision application. The
recommendations from this HIA laid the foundation for the City’s intent to conserve the
cultural heritage value and interest associated with the ridge. This not only included the
history of settlement in the area, the remaining built heritage resources in the area, but also
the views to the Grand River valley. It was key that the City protect the views so that they
wouldbe conserved for the public now and in the future. The views were protected in many
ways, including: the design and alignment of Joseph Schoerg Crescent, the designation of
both the Betzner and Schoerg properties, the acquisition of remaining lands by public
authorities such as the City of Kitchener or Grand River Conservation Authority, and the
prohibition of parking on the south side of Joseph Schoerg Crescent. As described in greater
detail above in the Heritage Attributessection, the designating by-law identifies a cultural
heritage landscape on the subject property. Including views atop a ridge of land overlooking
a natural environment, and the historic cluster and spatial order of buildings having ties to
the original founding families.
More recently, the City undertooka City-wide Cultural Heritage Landscape Study and the
subject property is locatedwithin the Pioneer Tower West (L-OPS-1) CHL. It is my
professional opinion that this recent study reconfirms the City’s early work dating back to
the 1990s on the significance of the broader area,but it does not diminish the value of the
CHL, identified by designation and HCEA in the mid 2000s,situated on the subject lands.
In fact, the Study states that the Pioneer TowerWest CHL contains the two farmhouses and
their location on the same ridge featuring largely unobstructed views to the Grand River
valley. The designand locationof the street and sidewalk allow people to passthe property
and begin to understand the relationship between the buildings (both on and off the property)
and the relationship those buildings have with the space (former farmlands) around them.
Some of this space on the subject property provides unobstructed views to the Grand River
valley.
Heritage Planning staff providethe followingfacts and professional opinions:
The subject property is designated under Part IV of the Ontario Heritage Act;
A Heritage Conservation Easement Agreement is registered on title of the subject
property;
The heritage attributes identified in the designation by-law and the HCEA include:
o a CHL with features such as the views to the valley, and the cluster and spatial
arrangement of buildings; and,
o the farmhouse and drive shed and more specifically features such as all
exterior building elevations;
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The HCEA provides a copy of the Ministry of Heritage, Sport, Tourism and Culture’s
“Eight Guiding Principles in the Conservation of Historic Properties;”
o The proposed construction of a detached garage, could in theory, meet
Principle 6 (reversibility)if the building were fully demolished in the future and
the lands were regraded to previous conditions. Heritage Planning staff
believe it is unlikely this would occur once the investment is made.
o It is Heritage Planning staff’s opinion that the construction of a detached
garage with materials that match the drive shed does not meet Principle 7,
states that “New work should be distinguishable from old. Buildings should be
recognized for their own time…”In addition, many of the design features, such
as the garage doors, match the drive shed.
o The remaining principles are not relevant to the scope of work.
Heritage Planning staff refer to the Parks Canada “Standards and Guidelines for the
Conservation of Historic Places in Canada”as part of our work in reviewing
applications. The Standards are like the Principles noted above.
o Similar to Principle 6 outlinedabove, Standard 11 indicates that “the essential
form and integrity of an historic place will not be impaired if the new work is
removed in the future.” In theory, the detached garage could be demolished in
the future and the area could be graded to previous conditions; however,
Heritage Planning staff believe it is unlikely this would occur once the
investment is made.
o It is Heritage Planning staff’s opinion that the construction of a detached
garage as described in the applicationwillonly partiallymeet Standard 11,
which indicates that “Conserve the heritage value and character-defining
elements when creating” … “any related new construction. Make the new work
physically and visually compatible with, subordinate to and distinguishable
from the historicplace.”The new work is subordinate in height to the drive
shed and farmhouse. Unfortunately, by partially blocking the east elevation of
the drive shed and blocking views to the Grand River valley Standard 11 is not
met.
It is Heritage Planning staff’s opinion that if the proposed detached garage is not
sufficiently setback from the front elevation of the drive shed that the two buildings
together will appear as one large massingnegatively impacting the relationship
between the farmhouse and drive shed.
Over almost 20 years, previous owners and current owners have undertaken a
number of restoration, rehabilitation, and adaptive reuse projects for their enjoyment
but to the benefit of the public. People may view the property from the sidewalk, street
and public spaces around the property.
o One projectinvolved the introduction of a historic rural fence known as the dry
stone wall. A HPA was approved to permit a 3.5 footdry stone wall generally
along a portion of the east and west property boundaries, and almost the full
extent of the front property boundary with the exception of the driveway.
o Unfortunately, portions of the dry stone wall were constructed above the
permitted height. Applications to rectify this change were not supported by
Heritage Planning staff but were approved by Council. It was Heritage
Planning staff’s opinion that in certain areas from the public realm, the
increased height fully or partially obstructed the view to the Grand River valley.
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Based on the aforementioned informationclearlyoutlining the City’s interest in conserving
the cultural heritage value and heritage attributes of the subject property, in particular the
views atop a ridge of land overlooking a natural environment, and the historic cluster and
spatial order of buildings having ties to the original founding families, Heritage Planning staff
recommend that Heritage Permit Application HPA-2021-IV-006 to permit the construction of
a detached garage on the property municipally addressed as 300 Joseph Schoerg Crescent,
be refused.
Should Heritage Kitchener, and/or Council choose to approve Heritage Permit Application
HPA-2021-IV-006, Heritage Planning staff recommend the following conditions:
1.That the owner and Heritage Planning staff meet to review and discuss changes to
the design and/or materials that will be made in order to provide a clear distinction
between old and new;
2.That the owner setback the detached garage a minimum of three feet from the front
building line of the adjacent drive shed to ensure the prominence of the drive shed;
3.That the hard-surfaced area in front of the drive shed be removed and replaced with
sod and/or landscaping; and further,
4.That Heritage Planning staff review and approve final building elevation drawings and
materials prior to issuance of a building permit.
In accordance with the Heritage Permit Application form, the approval of an 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
Ontario Building Code and Zoning By-law. In this regard, staff confirm that a Building Permit
is required to carry out this work.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget – The recommendation has no impact on the Capital Budget.
Operating Budget – The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM – This report has been posted to the City’s website with the agenda in advance of
the Heritage Kitchenercommittee meeting.
CONSULT – The Heritage Kitchener committee has been consulted with respect to the
heritage permit application.
PREVIOUS REPORTS/AUTHORITIES:
Ontario Heritage Act; Ontario Planning Act
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Development and Technical Services Report DTS-06-033approved Heritage
Permit Application HPA 2006-IV-002 to installa hydro meter and plumbing
ventilation pipe.
Development and Technical Services Report DTS-08-019approved Heritage
Permit Application HPA 2007-IV-015 to reclad allelevations of the drive shed,
rebuild the existing sliding doors on the west elevation, relocate the existing
windows on the south elevation, add a new man door on the south elevation, and
construct a wood deck on the south elevation.
Development and Technical Services Report DTS-08-078 approved Heritage
Permit Application HPA 2008-IV-006 to convert the undercroft area of the drive
shed forparking; to add two garage doors on the south elevation; to revise the
deck, window and door design; to addtwo walkways; and, to addan asphalt
driveway with a soldier course of paving stone.
Development and Technical Services Report DTS-08-182approved Heritage
Permit Application HPA-2008-IV-019 to construct afront gate and mailbox.
Development and Technical Services Report DTS-09-084approved a new wood
window and a new limestone windowsillon the east elevation of the drive shed
foundation.
Development and Technical Services Report DTS-09-127approved Heritage
Permit Application HPA-2009-IV-004to install newshutters on the attic windows
of thefarmhouse, to alterthe design of gate caps and mailboxpost, and to plant
a tree.
Development and Technical Services Report DTS-09-141approvedHeritage
Permit Application HPA-2009-IV-011to plant and relocate of trees.
Development and Technical ServicesReport DTS-10-105approved Heritage
Permit ApplicationHPA-2010-IV-008 to installtwo 8 feet wide sunscreens to the
west elevation of the farmhouse, and to install two roof vents to the west elevation
of the drive shed;
Development and Technical Services Report DTS-10-179recommended refusal
of Heritage Permit Application HPA-2010-IV-019with respect to the request to
install two new doors on the north elevation of the drive shed, and to install a
paving stone driveway that is 18 metres wide across the front of the property. On
November 10, 2015, Council approved the application as originally submitted to
install two new roof vents on the drive shed, to remove the security light and
conduit from the drive shed, to relocatethe mailbox in front of the gates of the dry
stone wall, to install a new light standard adjacent to the corner of the drive shed,
to install two new carriage doors on the drive shed, and to install a paving stone
driveway that is 18 metres wide across the front of the property.
Community Services Department Report CSD-011-022approved Heritage Permit
Application HPA-2011-IV-001 to reconstructthe south west corner of the drive
shed foundation.
Community Services Department Report CSD-012-019approved Heritage Permit
Application HPA-2012-IV-001 to replace the wood wall (man door, swinging
doors, and frame) on the drive shed.
Community Services Department Report CSD-15-075approved Heritage Permit
Application HPA-2015-IV-015to construct a cedar fence.
Community Services Department Report CSD-16-046approved Heritage Permit
Application HPA-2016-IV-011 to alterthe drive shedwithnew and enlarged
window and door openings.
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Community Services Department Report CSD-18-048approved Heritage Permit
Application HPA-2018-IV-002 to alter the west elevation of the rear addition of the
Betzner Farmhouse and construct a cedar fence generally along the east property
boundary.
APPROVEDBY: Justin Readman, General Manager, Development Services
ATTACHMENTS:
Attachment A – Heritage Permit Application HPA-2021-IV-006
Attachment B – Clarifications regarding definitions, legislation and policies
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AppendixB: Clarifications regarding definitions, legislation and policies
300 JOSEPH SCHOERG CRESCENT
The property is individually designated under Part IV of the Ontario Heritage Act.
The designation by-law includes reference to the cultural heritage resources and
their heritage attributes. One of the cultural heritage resources is the cultural
heritage landscape (CHL) and one of its heritage attributes is its views to the
Grand River valley.
A Heritage Conservation Easement Agreement (HCEA) is on title of the property
and it includes reference to the same cultural heritage resources and heritage
attributes. Schedule C of the HCEA provides a Baseline Documentation Report,
including a description of the CHL and a photograph showing a view taken from
the public realm looking south towards the property showing the placement of the
built heritage resources on top of the ridge and the view beyond to the Grand
River valley.
In Ontario, the term cultural heritage landscape may be referenced with respect
to matters related to the Ontario Heritage Act (OHA) and/or the Ontario Planning
Act. For the purposes of a Heritage Permit Application, the term is referenced in
relation to the OHA. Under the OHA, may be conserved with various tools such
as individual designation (Part IV) or designation of a broader area termed a
heritage conservation district (Part V).
The Ontario Heritage Trust provides all municipalities with a template for entering
into a Heritage Conservation Easement Agreement with property owners. These
agreements are modified to respond to the needs of the municipality and the
property owner.
Canada’s Historic Places website was a project to consolidate all designations
from municipalities across the country into one centralized website. The
researchers obtained information from the City of Kitchener and summarized on
their website. The City’s designating by-law and HCEA were written before the
website existed.
The reference to an evolved landscape would require that all restoration,
rehabilitation and adaptive reuse projects since 2005 have allowed the property
to evolve with present time. Unfortunately, that is not the case. Great effort was
put into restoring and rehabilitating the farmhouse to allow for its continued
residential use. Other historic rural features such as the dry stone wall were
researched and added to the site. The outbuildings associated with the more
recent previous use (stables) were removed as part of the restoration to an
earlier rural time period.
A Heritage Permit Application to construct an attached garage at 330 Joseph
Schoerg Crescent was approved. It is important to note that the designation by-
law for this property does not reference a cultural heritage landscape or views,
and the property owner has not entered into a HCEA.
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A Heritage Permit Application to construct an attached garage at 10 Simms
Estate Place was approved. It is important to note that the designation by-law for
this property identifies a cultural heritage landscape but its heritage attributes do
not include views.
A Heritage Permit Application to construct a detached garage at 920 Orr Court
was approved. It is important to note that the designation by-law for this property
identifies a cultural heritage landscape including views from Huron Road to the
front façade of the farmhouse. The detached garage is located behind the house
and therefore does not impact the view of the front façade.
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