HomeMy WebLinkAboutDSD-2024-094 - Notice of Intention to Designate - 33 Eby Street South
Development Services Department www.kitchener.ca
REPORT TO: Heritage Kitchener
DATE OF MEETING: March 5, 2024
SUBMITTED BY: Garett Stevenson, Director of Development and Housing Approvals,
519-741-2200 ext. 7070
PREPARED BY: Jessica Vieira, Heritage Planner, 519-741-2200 ext. 7291
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: February 14, 2024
REPORT NO.: DSD-2024-094
SUBJECT: Notice of Intention to Designate 33 Eby Street South under Part IV
of the Ontario Heritage Act
RECOMMENDATION:
That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to
publish a Notice of Intention to Designate the property municipally addressed as 33
Eby Street South as being of cultural heritage value or interest.
REPORT HIGHLIGHTS:
The purpose of this report is to request that Council direct the Clerk to publish a Notice
of Intention to Designate the property municipally addressed as 33 Eby Street South
under Part IV of the Ontario Heritage Act.
An updated Statement
taken to the Heritage Kitchener Committee on January 9, 2023. On this meeting date,
the Committee recommended that pursuant to Section 29 of the Ontario Heritage Act,
the cultural heritage value or interest of 33 Eby Street South be recognized and
designation pursued.
The key finding of this report is that the property municipally addressed as 33 Eby
Street South meets the criteria for designation under Ontario Regulation 9/06
(amended by Ontario Regulation 569/22) and has been confirmed to be a significant
cultural heritage resource. The property is recognized for its design/physical,
historical/associative, and contextual value.
There are no financial implications with this recommendation.
Community engagement included informing residents by posting this report with the
agenda in advance of the Heritage Kitchener committee meeting, providing written
correspondence to the property owner, and consulting with Heritage Kitchener. In
addition, should Council choose to give notice of its intention to designate, such notice
will be served to the Owner and the Ontario Heritage Trust.
This report supports the delivery of core services.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
BACKGROUND:
th
33 Eby Street South is a one-and-one-half storey mid-19century brick house built in the
Ontario Gothic Revival cottage style. The house is situated on a 0.09 acre parcel of land
located on the south east corner of Charles Street East and Eby Street South, within the
City of Kitchener, Region of Waterloo. The principal resource that contributes to the
heritage value is the house.
Figure 1: Location Map of Subject Property
A full assessment of 33 Eby Street South has been completed and included a field
evaluation and detailed archival research. The findings concluded that the subject
property meets the criteria for designation. An updated Statement of Significance on the
en to the Heritage Kitchener Committee on
January 9, 2024. On this meeting date, the Committee recommended that pursuant to
Section 29 of the Ontario Heritage Act, the cultural heritage value or interest of 33 Eby
Street South be recognized and designation pursued. This work was undertaken as part of
the City of Kitchener Municipal Heritage Register (MHR) Review, initiated in February of
2023 to amendments to the Ontario Heritage Act
introduced in January of 2023 through Bill 23, the More Homes Built Faster Act. The City
contacted owners of listed properties through an initial letter dated May 23, 2023, to inform
them of this undertaking. Owners of properties recommended for designation were
contacted via a second lette
Heritage Planner with any comments, questions, or concerns.
Per standard procedure, should Council support the Notice of Intention to Designate,
Owners will be contacted a third time through a Notice of Intention to Designate (NOID)
Letter. An ad for the NOID will also be published in a newspaper. Once the letter is served
and the ad posted, there will be a 30-day appeal period in which Owners may object to the
designation.
REPORT:
Identifying and protecting cultural heritage resources within the City of Kitchener is an
important part of planning for the future, and helping to guide change while conserving the
buildings, structures, and landscapes that give the City of Kitchener its unique identity. The
City plays a critical role in the conservation of cultural heritage resources. The designation
of property under the Ontario Heritage Act is the main tool to provide long-term protection
of cultural heritage resources for future generations. Designation recognizes the
value; encourages good stewardship and conservation; and promotes knowledge and
understanding about the property. Designation not only publicly recognizes and promotes
awareness, but it also provides a process for ensuring that changes to a property are
value and interest.
Figure 2: Front Façade of Subject Property
33 Eby Street South is recognized for its design/physical, historical/associative, and
contextual values. It satisfies five of the nine criteria for designation under Ontario
Regulation 9/06 (amended by Ontario Regulation 569/22). A summary of the criteria that is
met or not met is provided in the table below.
Criteria Criteria Met
(Yes/No)
1. The property has design value or physical value because it is a Yes
rare, unique, representative or early example of a style, type,
material, or construction method.
2. The property has design value or physical value because it No
displays a high degree of craftsmanship or artistic merit.
3. The property has design or physical value because it No
demonstrates a high degree of technical or scientific
achievement.
4. The property has historical value or associative value because it Yes
has direct associations with a theme, event, belief, person,
activity, organization or institution that is significant to a
community.
5. The property has historical or associative value because it Yes
yields, or has the potential to yield, information that contributes
to an understanding of a community or culture.
6. The property has historical value or associative value because it No
demonstrates or reflects the work or ideas of an architect, artist,
builder, designer or theorist who is significant to a community.
7. The property has contextual value because it is important in Yes
defining, maintaining or supporting the character of an area.
8. The property has contextual value because it is physically, Yes
functionally, visually, or historically linked to its surroundings.
9. The property has contextual value because it is a landmark. No
Design / Physical Value
The design value relates to the house's architecture as an early and representative
example of the Ontario Gothic Revival cottage style in Kitchener. The house is in good
condition. It is one-and-a-half storeys in height and features a side gable roof with a
centred gable with pointed arch door located above the front door; a symmetrical front
façade with a central front door flanked by windows on either side; yellow brick
construction; original window openings with brick soldier course headings; stone
foundation; and, a sympathetic one-storey board and batten rear addition. The building is a
th
typical late 19 Century example without the original embellishments typical of the style.
Front (West) Façade
The front of the building is symmetrical in massing, with a pitched gable centered above
the entrance. There is a single arched window within the gable and rectangular 12-pane
windows are located to either side of the front door on the ground floor. A decorative
transom window and sidelites surround the entrance, though the door appears to be a
modern addition. The tops of the windows and the entrance opening are adorned with
soldier course heading.
Side (North) Façade
The original portion of the north side façade includes two second-storey windows and two
first-storey windows, spaced equidistance apart. The windows are rectangular in shape
and 12-pane with soldier course heading, matching the ground-floor windows on the front.
A small portion of the foundation is visible. From the side façade the one-storey rear
addition is also visible. The addition is clad in board and batten and includes one
rectangular 12-pane window and one casement window as well as three skylights.
Side (South) Façade
The second storey of the south side façade includes one window opening and one door
opening that may have original been another window. There are two more windows on the
ground floor, and all openings are spaced symmetrically. The windows are rectangular in
shape and 12-pane. The second storey door is 15-pane and leads to a wood fire-escape.
There is soldier course headings above each opening in the façade.
Rear (East) Façade
There is one original window opening with brick soldier course heading and a 12-pane
window in the original portion of the rear façade. The rest of the rear façade is covered by
the board and batten addition, the massing of which is off centered to the south. There is a
dormer with a semi-circular window and board and batten cladding located above the rear
addition on the original roof.
Modifications
The original door has been replaced by a steel door with side windows. A modern porch
hides much of the arched façade. A symmetrical front façade with a central front door is
flanked by original window openings with modern windows with brick voussoirs; stone
foundation. Additional decorative elements typical to the Ontario Gothic Revival Cottage
style may have been present, such as barge boards and scalloping under the eaves. The
current portico is not a sympathetic design. A West elevation fire escape is a recent
addition.
Historical / Associative Value
Henry Eby, born on January 25, 1820, was the son of Bishop Benjamin Eby. His foray into
journalism commenced in December 1837 when he assumed an active role at the Canada
Museum und Allgemeine Zeitung. Alongside Thomas Enslin, he undertook the acquisition
of a subscription list, laying the foundation for the establishment of Der Deutsche Canadier
und Neuigkeitsbote in September 1841. Distinguished as the sole German-language
newspaper in British North America from 1841 to 1848, the Deutsche Canadier was very
successful. The printing office was located on King Street East at Eby Street South, a
printing office before Suddaby School was built on Frederick Street. Henry was also one of
the first school trustees. Henry built the house at 33 Eby Street in 1850 (Waterloo Region
Generations, 2013).
The historical and associative values relate to the original owner of the property Henry Eby
as well as the Eby family. Having a broadly read German newspaper and various books
and pamphlets set the German speaking people of Kitchener apart from the largely rural
and Mennonite community in surrounding areas. Berlin was a vibrant and economically
progressive community unlike any other in Ontario. According to various directories the
house remained in the Eby family from 1820 to 1946, including Louisa Eby, Menno Eby,
and Ilda Eby. The Eby family was a prominent pioneering family that played a key role in
shaping what Kitchener looks like today.
Contextual Values
The contextual value relates to the buildings functional, physical, and visual link to the
surrounding area as well as the contribution that the house makes to the continuity and
character of the Eby Street streetscape. The building is located in-situ along the
intersection of Charles Street East and Eby Street South. It is within the Cedar Hill
Neighbourhood Cultural Heritage Landscape (CHL), which is home to a wide variety of
some of the earlier homes of Kitchener. The CHL is further characterized by the elevated
topography, narrow street widths, and dramatically long views.
Heritage Attributes
The heritage value of 33 Eby Street South resides in the following Ontario Gothic Revival
cottage style, including:
One-and-one-half storey height of the house;
Side gable roof with a centred gable with pointed arch door located above the front
door;
Symmetrical front façade with central front door flanked by windows on either side;
Yellow brick construction;
Original window openings with brick voussoirs;
Stone foundation; and
Sympathetic one-storey board and batten rear addition.
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
of the Heritage Kitchener committee meeting.
CONSULT Heritage Planning staff have consulted with the Heritage Kitchener committee
regarding designation under the Ontario Heritage Act. Property owners were invited to
consult via two separate letters dated May 23, 2023 and January 16, 2024.
Section 29(2) of the Ontario Heritage Act requires Council to consult with the Municipal
Heritage Committee (Heritage Kitchener) before giving notice of its intention to designate a
property. Heritage Kitchener will be consulted via circulation and consideration of this
report (see INFORM above). Members of the community will be informed via circulation of
this report to Heritage Kitchener and via formal consideration by Council. In addition,
should Council choose to give notice of its intention to designate, such notice will be
served on the property owner and the Ontario Heritage Trust, and published in the local
newspaper (The Record). Once notice has been served, the owner has the right of appeal
to the Ontario Land Tribunal. It should be noted that should Council decide not to proceed
with a N
Heritage Register until January 1, 2025, after which it will be removed according to the
changes enacted by Bill 23. Once removed, it cannot re-listed on the Register again for
five (5) years, i.e. January 1, 2030.
PREVIOUS REPORTS/AUTHORITIES:
Ontario Heritage Act, 2022
Municipal Heritage Register Review Project January 2024 Update (DSD-2024-
022)
APPROVED BY: Justin Readman, General Manager, Development Services Department
ATTACHMENTS:
Attachment A Statement of Significance for 33 Eby Street South
STATEMENT OF SIGNIFICANCE
33 EBY STREET SOUTH
Summary of Significance
Design/Physical Value Social Value
Historical Value Economic Value
Contextual Value
Environmental Value
Municipal Address: 33 Eby St S
Legal Description: Plan 367 Pt Lt 10 GCT Sub Lt 2 & 1
Year Built: c. 1850
Architectural Style: Ontario Gothic Revival
Original Owner: Henry Eby
Original Use: Residential
Condition: Good
Description of Cultural Heritage Resource
th
33 Eby Street South is a one-and-one-half storey mid-19 century brick house built in the Ontario
Gothic Revival cottage style. The house is situated on a 0.09 acre parcel of land located on the south
east corner of Charles Street East and Eby Street South, within the City of Kitchener, Region of
Waterloo. The principal resource that contributes to the heritage value is the house.
Heritage Value
33 Eby Street South is recognized for its design/physical, historical/associative, and contextual
values.
Design/Physical Value
The design value relates to the architecture of the house as an early and representative example of
the Ontario Gothic Revival cottage style in Kitchener. The house is in good condition. It is one-and-a-
half storeys in height and features a side gable roof with a centred gable with pointed arch door
located above the front door; a symmetrical front façade with a central front door flanked by windows
on either side; yellow brick construction; original window openings with brick soldier course headings;
stone foundation; and, a sympathetic one-storey board and batten rear addition. The building is a
th
typical late 19 Century example without the original embellishments typical of the style.
Front (West) Façade
The front of the building is symmetrical in massing, with a pitched gable centered above the entrance.
There is a single arched window within the gable and rectangular 12-pane windows are located to
either side of the front door on the ground floor. A decorative transom window and sidelites surround
the entrance, though the door appears to be a modern addition. The tops of the windows and the
entrance opening are adorned with soldier course heading.
Side (North) Façade
The original portion of the north side façade includes two second-storey windows and two first-storey
windows, spaced equidistance apart. The windows are rectangular in shape and 12-pane with soldier
course heading, matching the ground-floor windows on the front. A small portion of the foundation is
visible. From the side façade the one-storey rear addition is also visible. The addition is clad in board
and batten and includes one rectangular 12-pane window and one casement window as well as three
skylights.
Side (South) Façade
The second storey of the south side façade includes one window opening and one door opening that
may have original been another window. There are two more windows on the ground floor, and all
openings are spaced symmetrically. The windows are rectangular in shape and 12-pane. The second
storey door is 15-pane and leads to a wood fire-escape. There is soldier course headings above each
opening in the façade.
Rear (East) Façade
There is one original window opening with brick soldier course heading and a 12-pane window in the
original portion of the rear façade. The rest of the rear façade is covered by the board and batten
addition, the massing of which is off-centered to the south. There is a dormer with a semi-circular
window and board and batten cladding located above the rear addition on the original roof.
Modifications
The original door has been replaced by a steel door with side windows. A modern porch hides much
of the arched façade. A symmetrical front façade with a central front door is flanked by original
window openings with modern windows with brick voussoirs; stone foundation. Additional decorative
elements typical to the Ontario Gothic Revival Cottage style may have been present, such as barge
boards and scalloping under the eaves. The current portico is not a sympathetic design. A West
elevation fire escape is a recent addition.
Historical/Associative Values
Henry Eby was the son of Bishop Benjamin Eby. He was born on January 25, 1820. In December
1837 Eby began an active role in journalism, working at Canada Museum, und Allgemeine Zeitung.
Eby was a former apprentice at the Canada Museum, a short-lived German weekly, published in
Waterloo. Thomas Enslin and Henry Eby acquired a subscription list and they founded Der Deutsche
Canadier und Neuigkeitsbote in September 1841. They may have acquired some equipment from
publisher Benjamin Burkholder. As the sole German-language newspaper published in British North
America from 1841 to 1848, the Deutsche Canadier was more successful than its short-lived rival, Der
Morgenstern (1839-1841), and it continued in print until January 1865.
home. Eby printed a number of books and pamphlets in German during the 1840s (Bloomfield 1993).
Henry was one of the first trustees of the public school board. (Uttley, 1937: 217). The first grammar
and common school opened in the printing office before Suddaby School was built on Frederick
Street. Henry was also one of the first school trustees. Henry built the house at 33 Eby Street in 1850
(Waterloo Region Generations, 2013).
The historical and associative values relate to the original owner of the property Henry Eby as well as
the Eby family. Henry Eby was the son of Bishop Benjamin Eby. He was born on January 25, 1820
and in 184Der Deutsche Canadier,
which became the most successful and widely read German newspaper in the country (English &
McLaughlin, 1983). Having a broadly read German newspaper and various books and pamphlets set
the German speaking people of Kitchener apart from the largely rural and Mennonite community in
surrounding areas. Berlin was a vibrant and economically progressive community unlike any other in
Ontario. According to various directories the house remained in the Eby family from 1820 to 1946,
including Louisa Eby, Menno Eby, and Ilda Eby.
Contextual Value
The contextual value relates to the buildings functional, physical, and visual link to the surrounding
area as well as the contribution that the house makes to the continuity and character of the Eby Street
streetscape. The building is located in-situ along the intersection of Charles Street East and Eby
Street South. It is within the Cedar Hill Neighbourhood Cultural Heritage Landscape (CHL), which is
home to a wide variety of some of the earlier homes of Kitchener. The CHL is further characterized by
the elevated topography, narrow street widths, and dramatically long views.
Heritage Attributes
The heritage value of 33 Eby Street South resides in the following Ontario Gothic Revival cottage
style, including:
One-and-one-half storey height of the house;
Side gable roof with a centred gable with pointed arch door located above the front door;
Symmetrical front façade with central front door flanked by windows on either side;
Yellow brick construction;
Original window openings with brick voussoirs;
Stone foundation; and
Sympathetic one-storey board and batten rear addition.
References
Bloomfield, Elizabeth (1993) Waterloo County to 1972: an annotated bibliography of regional history.
Waterloo Regional Heritage Foundation: Waterloo, Ontario.
Eadie, Tom. nslin, ChristianDictionary of Canadian Biography, Vol. 8, University of
Toronto/Université Laval, 2003
http://www.biographi.ca/en/bio/enslin_christian_8E.html Accessed November 24, 2023.
Eby, Ezra E 1978 \[1895\] A biographical history of early settlers and their descendants in Waterloo
Township. AlJon Print-Craft, Ltd.: Waterloo.
English, J. & K. McLaughlin. (1983). Kitchener: An Illustrated History. Wilfrid Laurier University Press:
Waterloo, Ontario. Vernon, Henry (1908-09) Berlin, Waterloo and Bridgeport Directory. Vernon
Directories Limited: Hamilton, Ont.
Uttley, W. V. (Ben) (1937) A History of Kitchener, Ontario. Waterloo: The Chronicle Press.
Vernon, Henry (1908-1909) Vernon's Berlin, Waterloo and Bridgeport Directory
Vernon Directories Limited: Hamilton, Ont.
Vernon, Henry (1921) Vernon Directories
Limited.: Hamilton.
Vernon, Henry (1932) Kitchener City Directory and Town of Waterloo.
Note: Digitized City Directories are available online at the Kitchner Public Library.
https://makinghistory.kpl.org/en/list?q=city+directory&p=1&ps=20 Accessed December 5, 2023.
https://makinghistory.kpl.org/en/list?p=1&ps=20&collection_facet=City%20and%20County%20Directo
ries%20Collection Accessed December 5, 2023.
Waterloo Region Generations. (2013). Waterloo Region Generations: A
record of the people of Waterloo Region, Ontario. Retrieved from
https://generations.regionofwaterloo.ca/getperson.php?personID=I21144&tree=generations,
November 27, 2023
Photos
CULTURAL HERITAGE EVALUATION FORM
Gail Pool
33 Eby Street South
Address: Recorder:
1 ½ Storey Residence
December 5, 2023
Description: Date:
Ontario Gothic Revival Cottage. Built c. 1850
Photographs Attached:
Front Facade Left Façade Right Façade Rear Facade Details Setting
Recorder Heritage Kitchener Heritage Planning Staff
Designation Criteria
Committee
1.This property has
design value or
N/A Unknown No N/A Unknown No
physical value
Yes Yes
because it is a rare,
unique,
representative or
early example of a
style, type,
expression, material
or construction
method.
2.The property has
design value or
N/A Unknown No N/A Unknown No
physical value
Yes Yes
because it displays a
high degree of
craftsmanship or
artistic merit.
3.The property has
design value or
N/A Unknown No N/A Unknown No
physical value
Yes Yes
because it
demonstrates a high
degree of technical or
scientific
achievement.
* E.g. - constructed with a
unique material
combination or use,
incorporates challenging
geometric designs etc.
4.The property has
historical value or
N/A Unknown No N/A Unknown No
associative value
Yes Yes
because it has direct
associations with a
theme, event, belief,
person, activity,
organization or
institution that is
significant to a
community.
* Additional archival work
may be required.
5.The property has
historical or
N/A Unknown No N/A Unknown No
associative value
Yes Yes
because it yields, or
has the potential to
yield, information
that contributes to an
understanding of a
community or
culture.
* E.g - A commercial
building may provide an
understanding of how the
economic development of
the City occured.
Additional archival work
may be required.
6.The property has
historical value or
N/A Unknown No N/A Unknown No
associative value
Yes Yes
because it
demonstrates or
reflects the work or
ideas of an architect,
artist, builder,
designer or theorist
who is significant to a
community.
* Additional archival work
may be required.
7.The property has
contextual value
N/A Unknown No N/A Unknown No
because it is
Yes Yes
important in defining,
maintaining or
supporting the
character of an area.
* E.g. - It helps to define
an entrance point to a
neighbourhood or helps
establish the (historic)
rural character of an area.
8.The property has
contextual value
N/A Unknown No N/A Unknown No
because it is
Yes Yes
physically,
functionally, visually
or historically linked
to its surroundings.
* Additional archival work
may be required.
9.The property has
contextual value
N/A Unknown No N/A Unknown No
because it is a
Yes Yes
landmark.
*within the region, city or
neighborhood.
Notes
Additional Criteria Recorder Heritage Kitchener Committee
Interior: Is the interior
arrangement, finish,
N/A Unknown No N/A Unknown No Yes
craftsmanship and/or
Yes
detail noteworthy?
Completeness: Does this
structure have other
N/A Unknown No N/A Unknown No Yes
original outbuildings,
Yes
notable landscaping or
external features that
complete the site?
Site Integrity: Does the
structure occupy its
N/A Unknown No N/A Unknown No Yes
original site?
Yes
* If relocated, is it relocated on
its original site, moved from
another site, etc.
Alterations: Does this
building retain most of its
N/A Unknown No N/A Unknown No Yes
original materials and
Yes
design features? Please
refer to the list of heritage
attributes within the
Statement of Significance
The two storey portico is modern
and indicate which
and obscures the good features of
elements are still existing the style. The front door is also
modern. It is unknown whether
and which ones have been
there was an original portico.
removed.
Alterations: Are there
additional elements or
N/A Unknown No N/A Unknown No Yes
features that should be
Yes
added to the heritage
attribute list?
Condition: Is the building
in good condition?
N/AUnknownNoN/AUnknownNoYes
Yes
*E.g. - Could be a good
candidate for adaptive re-use if
possible and contribute towards
equity-building and climate
change action.
Indigenous History: Could
this site be of importance
N/A Unknown No Yes N/A Unknown No Yes
to Indigenous heritage and
history?
Additional Research Required Additional Research Required
*E.g. - Site within 300m of water
sources, near distinct
topographical land, or near
cemeteries might have
archaeological potential and
indigenous heritage potential.
Could there be any urban
Indigenous history
associated with the
property?
N/A Unknown No Yes N/A Unknown No Yes
* Additional archival work may
Additional Research Required Additional Research Required
be required.
Function: What is the
Unknown Residential Unknown Residential
present function of the
Commercial
Commercial
subject property?
Office Other -
Office Other
________________
* Other may include vacant,
social, institutional, etc. and
important for the community
from an equity building
perspective.
Diversity and Inclusion:
N/A Unknown No Yes N/A Unknown No Yes
Does the subject property
contribute to the cultural
heritage of a community of
Additional Research Required Additional Research Required
people?
Does the subject property
have intangible value to a
specific community of
N/A Unknown No Yes N/A Unknown No Yes
people?
Additional Research Required Additional Research Required
* E.g.- Waterloo Masjid (Muslim
Society of Waterloo &
Wellington Counties) was the
first established Islamic Center
and Masjid in the Region and
contributes to the history of the
Muslim community in the area.
Notes about Additional Criteria Examined
Recommendation
Does this property meet the definition of a significant built heritage resource, and should it be designated
under Part IV of the Ontario Heritage Act? (Does it meet two or more of the designation criteria?)
N/A Unknown No Yes
If not, please select the appropriate action for follow-up
Remove from the Municipal Heritage Register
Additional Research Required
Other:
General / Additional Notes
TO BE FILLED BY HERITAGE PLANNING STAFF:
Date of Property Owner Notification