HomeMy WebLinkAboutDSD-2024-429 - Heritage Permit Application HPA-2024-IV-023 - 153 Courtland Avenue EastStaff Report
Development Services Department www.kitchener.ca
REPORT TO: Heritage Kitchener
DATE OF MEETING: October 1, 2024
SUBMITTED BY: Garett Stevenson, Director of Development and Housing Approvals,
519-741-2200 ext. 7070
PREPARED BY: Michelle Drake, Senior Heritage Planner, 519-741-2200 ext. 7839
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: September 11, 2024
REPORT NO.: DSD -2024-429
SUBJECT: Heritage Permit Application HPA-2024-IV-023
153 Courtland Avenue East
Proposed Demolition
RECOMMENDATION:
That pursuant to Section 34 of the Ontario Heritage Act, Heritage Permit Application
HPA-2024-V-023 be approved to permit the demolition of the single detached
dwelling at the property municipally addressed as 153 Courtland Avenue East; and
further,
That pursuant to Section 31 of the Ontario Heritage Act, the Clerk be directed to
publish a Notice of Intention to Repeal By-law 85-190 registered on December 3,
1985 as instrument number 833418 being a by-law to designate the property
municipally addressed as 153 Courtland Avenue East.
REPORT HIGHLIGHTS:
The purpose of this report is to present Heritage Planning staff's recommendation for
the proposed demolition of the single detached dwelling at the subject property
municipally addressed as 153 Courtland Avenue East.
The key finding of this report is that the heritage attributes of the subject property are
in a state of advanced deterioration whereby it may not be feasible to repair and the
costs to repair and/or replace are significantly more expensive than demolition. Note
that according to Section 15.1-15.8 of the Building Code Act, the Bylaw Enforcement
Division is required to obtain quotes for both the repair and demolition of buildings that
are not in compliance with the Property Standards By-law, and further that they are
required to proceed with the lowest quote to bring the property into compliance.
The financial implications are that the cost of the demolition will be invoiced to the
property owner. If the invoice is not paid, the costs will be added to the property tax
roll as a priority lien.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Community engagement included consultation with the City's Heritage Kitchener
committee.
• This report supports the delivery of core services.
BACKGROUND:
The Development Services Department is in receipt of Heritage Permit Application HPA-
2024-IV-023 seeking permission to demolish the single detached dwelling at the subject
property municipally addressed as 153 Courtland Avenue East. The subject property is
located on the south side of Courtland Avenue East between Cedar Street South and
Madison Avenue South. The subject property is in very poor condition.
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Figure 1. Location Map — 153 Courtland Avenue East
REPORT:
The subject property is designated under Part IV of the Ontario Heritage Act. By-law 85-
190 designated the subject property as being of historical and architectural value. The
historical value is described as "Mr. Johann Hagen, a German sawyer, constructed this
house in circa 1866. During the period 1952 to 1965, Mrs. Henrietta McGarry, Chairman of
the Kitchener -Waterloo High School Board, owned the property. In 1956 — 57, His Worship
Mayor Dominic Cardillo resided in the house, and from 1967 to 1982, Mr. Mike Reidel, a
well known title searcher in Waterloo Region, and his wife, owned this property." The
single detached dwelling is an example of the Salt Box architectural style, and the heritage
attributes include the exterior of the building, and particularly the Courtland Avenue East
facade, the side facades, the leaded diamond windows in the walls, and the roofline.
Bylaw Enforcement staff received a complaint expressing concerns about the exterior of
the subject property in May 2020. In response to this complaint, an inspection was
undertaken and subsequently resulted in the issuance of an Order to Comply in June
2020. The Order to Comply identified several deficiencies that required repair and/or
replacement, including cladding, soffits and fascia boards, and window sills. The deadline
to complete this work lapsed on July 15, 2020 with the owner failing to comply with the
Order. Staff acknowledge that the pandemic posed some challenges to the owner
completing the work by the deadline. Bylaw Enforcement staff initiated the steps to bring
the property into compliance; however, structural concerns were identified. In November
2023, permission to enter the building was granted by the owner and an interior inspection
was completed that determined a structural analysis was required to be undertaken to
determine the structural condition of the building before proceeding with exterior work. In
March 2024, By-law Enforcement staff received a copy of a Structural Condition
Assessment prepared by Tacoma Engineers dated April 4, 2024. This assessment
determined that the exterior work required to bring the property into compliance could not
be completed without addressing structural issues, which would require that the entire
building be rebuilt. With this information, Bylaw Enforcement staff proceeded to obtain
quotes to bring the property into compliance. Now that two quotes have been obtained,
Bylaw Enforcement staff is proposing to demolish the single detached dwelling to comply
with the Order requiring that the buildings be repaired or demolished. The demolitions will
result in a vacant lot.
The requirement to submit a Heritage Impact Assessment (HIA) in support of the proposed
demolition was waived given the structural issues and potential risk to public safety.
Instead, photographs, a structural condition assessment and two quotes to repair/replace
versus demolish the single detached dwelling were required. Heritage Planning staff used
this information to develop their professional planning opinion and final recommendation.
Current Condition of Building
As noted earlier in this report, the Order to Comply identified several deficiencies that
require repair and/or replacement, including cladding, soffits and fascia boards, and
window sills.
The Structural Condition Assessment prepared by Tacoma Engineers dated April 4, 2024
was submitted to Bylaw Enforcement staff and reviewed by Heritage Planning staff. This
assessment identified additional deficiencies/issues. The assessment concluded that the
building is in poor condition; there is significant risk of portions of the building collapsing or
becoming deteriorated beyond repair within the next two years; and, that a comprehensive
restoration strategy would be required for both the exterior and interior of the single
detached dwelling.
The assessment identified interior issues including peeling paint, high relative humidity,
mould, roof and wall leaks, buckled hardwood floors, evidence of rodents, fair condition of
rubblestone foundation mortar, fair condition of timber floorjoists, and potential
compromised basement foundation. The assessment recommends that the following
interior items be repaired, reinforced and/or replaced: roof structure; all interior finishes;
deteriorated structural members; framing; and, basement foundation. Interior work will also
require mould abatement.
The assessment also identified exterior issues including bowing/missing/deteriorated
clapboard siding, deteriorated wall studs, deteriorated porch beams posing a life safety
hazard, missing fascia, hole in roof, and no eavestroughs or downspouts. The assessment
recommends that the following exterior items be repaired, reinforced, replaced and/or
added: roof; fascia; front porch; clapboard siding; wall studs; front wall; rear wall; and,
eavestroughs and downspouts. The life safety concerns with the front porch have been
temporarily addressed with the installation of security fencing. With respect to the front and
rear wall, the assessment concludes that reframing of large sections of these walls is
required.
Exterior and interior photographs of the single detached dwelling were taken by both
Bylaw Enforcement and Heritage Planning staff in 2020, 2023 and 2024. The following
photographs provide a glimpse of the current condition of the building. Attachment C
includes additional photos taken by staff in 2020 (exterior only), 2023 and 2024.
Photo 1. Front (North) Elevation in 2020
Photo 2. Side (East) Elevation in 2020
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Photo 3. Side (East) Elevation in 2023
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Photo 4. Side (West) Elevation in 2020
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Cost to Repair Versus Cost to Demolish
Bylaw Enforcement staff obtained two quotes outlining both the cost to repair and the cost
to demolish.
Cost to Repair
Quote 1 indicates that it would cost a significant amount of money to bring the single
detached dwelling back to minimum property standards combined with a substantial cost
to remove the contents that have been left in the interior of the building. This quote does
not recommend repair, but at the request of the City a quote to repair was provided. The
quote did not outline a scope of work (e.g., the building components that need to be
repaired, replaced, and/or rebuilt). The first estimate to repair is $200,000+. Quote 2
indicates that the entire single detached dwelling has structural damage and that beyond
the work to repair there are also additional costs associated with removing the contents of
the building and the removal of two (2) large trees. The second estimate to repair is
$450,000 - $500,000.
Cost to Demolish
Quote 1 recommends demolition of the single detached dwelling. The first estimate to
demolish is $43,512.59. Quote 2 indicated that the cost to demolish is $57,980.96.
As a result, the proposed repairs required to rehabilitate the single detached dwelling
could be anywhere from $156,487.41 - $456,487.41 more than the cost to demolish the
single detached dwelling. Based on the condition of the single detached dwelling, and the
estimated cost to repair versus demolish, Heritage Planning staff do not object to the
demolition.
In reviewing the merits of the application, Heritage Planning staff note the following:
• a property standards Order to Comply has been issued against the property
requiring the owner to repair or demolish the singled detached dwelling;
• the deadline to bring the property into compliance lapsed on July 15, 2020 with the
owner failing to comply with the Order;
• a Structural Condition Assessment prepared by Tacoma Engineers dated April 4,
2024 concluded that the exterior work required to bring the property into compliance
could not be completed without addressing structural issues, which would require
the single detached dwelling to be rebuilt;
o the assessment also concluded that:
■ there is significant risk of portions of the building collapsing or
becoming deteriorated beyond repair within the next two years;
■ the deteriorated porch beams pose a life safety hazard (Note: The
security fencing that has been installed around the porch is a
temporary measure to protect the public from the life safety hazard.)
the heritage attributes of the single detached dwelling are in a state of advanced
deterioration;
since the owner has not brought the property into compliance, Bylaw Enforcement
staff are required to bring the property into compliance;
Bylaw Enforcement staff obtained two quotes outlining the costs to repair and the
cost to demolish the single detached dwelling;
in accordance with Section 15.1 — 15.8 of the Building Code Act, Bylaw Enforcement
staff are required to proceed with the lowest quote to bring the property into
compliance; and,
the work to repair the single detached dwelling could range from $156,487.41 -
$456,487.41 more than the cost to demolish the single detached dwelling.
Designating Bylaw 1985-190
Once the single detached dwelling is demolished, the design/physical value of the property
will be lost. As a result, Heritage Planning staff recommend that the Clerk be directed to
repeal Designating By-law 1985-190.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
The cost of demolition will be invoiced to the property owner. If the invoice is not paid, the
costs will be added to the property tax roll as a priority lien.
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 Kitchener committee meeting.
CONSULT — The Heritage Kitchener committee has been consulted regarding the
Heritage Permit Application.
PREVIOUS REPORTS/AUTHORITIES:
Ontario Heritage Act, 2022
Building Code Act, 1992
APPROVED BY: Justin Readman, General Manager, Development Services Department
ATTACHMENTS:
Attachment A — Heritage Permit Application HPA-2024-V-020
Attachment B — Designating Bylaw 1985-190
Attachment C — Photographs
2024
1 HERITAGE PERMIT APPLICATION &
SUBMISSION REQUIREMENTS
Development & Housing Approvals
K.I200 King Street West, 611 Floor
Kitchener ON N2G 4V6
519-741-2426; plan ning@kitchener.ca
STAFF USE ONLY
Page 7 of 10
Date, Received:
Accepted By:
Application Number:
H PA -
PART B: HERITAGE PERMIT APPLICATION FORM
1. NATURE OF APPLICATION
❑ Exterior ❑ Interior ❑ Signage
Demolition ❑ New Construction ❑ Alteration ❑ Relocation
2. SUBJECT PROPERTY
Municipal Address: 15� 60ue LIQ AU 9AS /
Legal Description (if know): PLA^i .395 P/ Ld I J S I S t L N S P / td 3D
Building/Structure Type: Residential ❑ Commercial ❑ Industrial ❑ Institutional
Heritage Designation: ❑ Part IV (Individual) ❑ Part V (Heritage Conservation District)
Is the property subject to a Heritage Easement or Agreement? ❑ Yes ❑ No
3. PROPERTY OWNER
Name: /�96AA /Z .3Z
Address: /,DCom %L% L Au
City/Province/Postal Code: 9y'TG14 v^J dN { Q� 0? 67 Ua
Phone:
Email:
4. AGENT (if applicable)
Name: '<�%�vj IF
��iZOS
Company: ef .;-7 y C)(' 14z j C142l
Address:c2ex) P:%(, 5 C F37-
City/Province/Postal
S%City/Province/Postal Code: 1�.T- TC- H- J&Z'7 ()/NJ
Phone
Email:
Working together • Growing thoughtfully • Building community
2024
5. WRITTEN DESCRIPTION
Page 8 of 10
Provide a written description of the project including any conservation methods proposed. Provide such detail
as materials to be used, measurements, paint colours, decorative details, whether any original building fabric
is to be removed or replaced, etc. Use additional pages as required. Please refer to the City of Kitchener
Heritage Permit Application Submission Guidelines for further direction.
f )?0fV5 A_e 1$ -10 6{4vL 7#- 2 QST 6A1 -He 6j�N,#V
6. REVIEW OF CITY OF KITCHENER HERITAGE PERMIT APPLICATION SUBMISSION GUIDELINES
Describe why it is necessary to undertake the proposed work:
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7
Describe how the proposal is consistent with the Part IV individual designating by-law or the Part V Heritage
Conservation District Plan:
Describe how the proposal is consistent with Parks Canada's Standards and Guidelines for the
Conservation of Historic Places in Canada (www.historicplaces.ca/en/pa.ges/standards-normes.asp
7. PROPOSED WORKS
a) Expected start date: Expected completion date:
b) Have you discussed this work with Heritage Planning Staff? Zyes ❑ No
- If yes, who did you speak to? l�% Gtl OZIAi
c) Have you discussed this work with Building Division Staff? ❑ Yes No
- If yes, who did you speak to?,
d) Have you applied for a Building Permit for this work? ❑ Yes [A No
e) Other related Building or Planning applications
Application number.
Working together • Growing thoughtfully • Building community
2024
8. ACKNOWLEDGEMENT
Page 9 of 10
The undersigned acknowledges that all of the statements contained in documents filed in support of this
application shall be deemed part of this application. The undersigned acknowledges that receipt of this
application by the City of Kitchener - Planning Division does not guarantee it to be a `complete' application.
The undersigned acknowledges that the Council of the City of Kitchener shall determine whether the
information submitted forms a complete application. Further review of the application will be undertaken and
the owner or agent may be contacted to provide additional information and/or resolve any discrepancies or
issues with the application as submitted. Once the application is deemed to be fully complete, the application
will be processed and, if necessary, scheduled for the next available Heritage Kitchener committee and
Council meeting. Submission of this application constitutes consent for authorized municipal staff to enter
upon the subject property for the purpose of conducting site visits, including taking photographs, which are
necessary for the evaluation of this application. The undersigned acknowledges that where an agent has
been identified, the municipality is authorized but not required to contact this person in lieu of the owner and
this person is authorized to act on behalf of the owner for all matters respecting the application. The
undersigned agrees that the proposed work shall be done in accordance with this application and
understands that the approval of this 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 Building Code and the Zoning By-law. The undersigned acknowledges that in the event
this application is approved, any departure from the conditions imposed by the Council of the City of Kitchener
or from the plans or specifications appro d by the Council of the City of Kitchener is prohibited and could
result in a fine being imposed or impris a s -provided for under the Ontario Heritage Act.
Signature of Owne gent Date: `� A-06 C
Signature of Owner/Agent:
9. AUTHORIZATION
Date:
If this application is being made by an agent on behalf of the property owner, the following authorization must
be completed:
/ We, , owner of the land that is subject of this application,
hereby authorize
Signature of Owner/Agent:
Signature of Owner/Agent:
Date:
Date:
to act on my / our behalf in this regard.
The personal information on this form is collected under the legal authority of Section 33(2), Section 42(2),
and Section 42(2.2) of the Ontario Heritage Act. The information will be used for the purposes of
administering the Heritage Permit Application and ensuring appropriate service of notice of receipt under
Section 33(3) and Section 42(3) of the Ontario Heritage Act. If you have any questions about this collection
of personal information, please contact the Manager of Corporate Records, Legislated Services Division,
City of Kitchener (519-741-2769).
Working together • Growing thoughtfully • Building community
153 Courtland Ave E
Synopsis of events
By Law enforcement first became involved with the file in June of 2020. An order was issued to have
differences on the exterior of the property repaired.
The representative of the owner (their Son) had started communicating with Planning regarding the
heritage permit process to complete the required exterior repairs as per the order. The file got stagnant
due to covid.
At one point the owners were looking to sell the house as is and that did not end up happening.
July 2023, another P/S officer took the file over. Process to complete the exterior repairs was stalled due
to safety concerns regarding the structural compacity of the building.
An order was issued for the owner to obtain an engineer to assess the structural condition of the
building.
The engineers report came back and the interior was badly deteriorated and some parts of the home
were not accessible. The front porch of the house needed to be blocked off for safety reasons that were
mentioned in the report.
Officer proceeded to obtain quotes to complete required repairs of the home and the option for
demolition. The quotes came back that demolition was the affordable option as the home is poor
condition and would cost anywhere between $200,000 to $500,000 to repair. The home has been
without heat and hydro for some time had a water leak that affected the entire interior of the home.
TjEGE'STc-P_Efl 04 DEcFm$� 3, '9�5 X15 �rc}S�L�e�iT'# 533��5,
BY-LATR NEER 9 5- i� 0
i OF THE
CORPORATION OF THE CITY OF KITCHECaER
(Being a by-law to designate part of the
property minicipally known as 153 Courtland
Avenue East in the City of Kitchener as being
of historic and architectural value)
WHEREAS Section 29 of the Ontario Heritage Act, R.S.O. 1980,
Chapter 337, authorizes the Council of a Municipality to enact by-laws to
designate real property, including all buildings and structures thereon, to
be of architectural or historical value or interest;
AND VEMREAS the Council of The Corporation of the City of
Kitchener has caused to be served on the owner of the lands and premises
known municipally as 153 Courtland Avenue East in the City of Kitchener, and
upon the Ontario Heritage Foundation, a Notice of Intention to Designate as
being of historical and architectural value that part of the aforesaid real
property more particuarly hereinafter described, and has caused such Notice
of Intention to be published in a newspaper having general circulation in
the momznicipality once for each of three consecutive weeks;
AND WHEREAS no Notice of Objection to the proposed designation has
been served upon the Clerk of the Municipality;
NCW THEREFORE the Council of The Corporation of the City of
Kitchener enacts as follows:
1. There is designated as being of historical and architectural
value that part of the aforesaid real property knciam as 153
e
Courtland Avenue East being comprised of the exterior of the
F
building and in particular the Courtland Avenue street facade,
the side facades, the leaded diamond windows in the
aformentioned walls and the roofline.
- 2 -
2. The City Solicitor is hereby authorized to cause a copy of
this By-law to be registered against the whole of the property
described in Schedule "A" hereto (of which the said designated
area fours a pari) in the proper land registry office.
3. The Clerk is hereby authorized to cause a copy of this By-law
to be served on the owner of the aforesaid property and on
-Erie Ontario Heritage Foundation and to cause notice of the
passing of this By-law to be published in the sane newspaper
having general circulation in the community once for each of
three consecutive weeks.
PASSED at the Council Chambers an the City of Kitchener
this /ap'day of A. D. 1985.
Mayor
Clerk
REASONS FOR DESIGNATION
The designation described herein has been made on historic and
architectural grounds. Mr. idnann Hagen, a German sawyer,
constructed this house in circa 1866. During the period 1952 to
1965, Mrs. Henrietta McGarry, Chairman of the Kitchener TRaterloo
High School Board, owned this property. In 1956 -- 57, His Worship
Mayor Dominic Cardillo resided in this house, and from 1967 to
1982, Mr. Mike Reidel, a well known title searcher in Waterloo
Region, and his wife, owned this property. In terms of
architecture, this house is an example of the salt box style.
SCHEDULE "A"
pjL AND SINGULAR that certain parcel or track of land and premises situate
lying and being in the City of Kitchener, in the Regional Municipality of
Waterloo (formerly the County of Waterloo) and in the Province of Ontario,
Composed of part of Lot 5, J. Y. Shantz's Survey, Registered Plan 395, and
part of Lot 50, Streets and Lanes, which parcel can be more particularly
described as follows:
pRII,USING that the Northeasterly limit of Lot 50, Streets and Lanes, has a
}gearing of North 50 degrees 49 minutes 00 seconds west, and relating all
bearings herein thereto;
Cm,4ENDING at a point in the said Northeasterly limit of Lot 50, Streets and
Lanes, which point can be located as follows:
BEGINNING at the most Easterly angle of Lot 5, Registered Plan 3q5,-
THENCE
q5;THEN{E North 33 degrees 41 minutes 00 seconds East along the Northeasterly
production of the Southeasterly limit of said Lot 5, a distance of 27.00
feet to the Northeasterly limit of Lot 50, Streets and Lanes, being also the
southwesterly limit of Courtland Avenue as opened by By-law #356, registered
as Instrument No. 7027.
`HEWCE North 50 degrees 49 minutes 00 seconds West along the last-mentioned
limit a distance of R1.02 feet to the point of ccmnencement of the herein
described parcel of land;
SCE South 33 degrees 57 minutes 00 seconds West pa.rellel to the
southeasterly limit of Cedar Street, a distance of 91.99 feet to a point;
THENCE North 56 degrees 23 minutes 00 seconds West, a distance of 36.68 feet
to a point distant 34.36 feet measured South 56 degrees 23 minutes
00 seconds East from the southeasterly limit of Cedar Street;
S== "A"(1)
=CE North 33 degrees 57 minutes 00 seconds East, parallel to said
southeasterly limit of Cedar Street, a distance of 95.61 feet to a point in
the said northeasterly limit of said Lot Number 50, Streets and Lanes;
THENCE South 50 degrees 49 minutes 00 seconds East therealong a distance of
36.83 feet more or less to the place of beginning.
40
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Name of recorder Mrs. Wendy Col 1 ishaw ate July 1978
Name of photographer Mrs. Wendy Coli ishaw ate July 1978
ONTARIO INVENTORY OF BUIL INGS
Identity: County Waterloo
Number, street, town or lot, I 153 Courtland Avenue
Concession, township. Kitchener (Berlin)
Part lot 5, Plan 395
Name of Building
History: Date of Construction 1866
Original Owner Johann Hagen
Original Use Residence
Present Owner M. Re i de l
Present Use Residence
Construction: Wall Material, Stone __ Brick _ Frame X
Other aluminum siding
Condition of
Structure Very X
Good
Much
Altered
Fair Poor
Reference: Sources of Information on construction date.
Registry office
Notes on the architecture or history of the building.
Phot
o 02
PHOTOGRAPHS
Photo 1. Front (North) Elevation in 2020
Photo 2. Front (North) Elevation in 2020
Ow
Figure 4. Side (West) Elevation in 2020
Figure 5. Side (East) Elevation in 2020
Figure 6. North-West Corner in 2023
Figure 8. Side (West) Elevation in 2023
Figure 9. Side (East) Elevation in 2023
Figure 10. Side (East) Elevation in 2023
Figure 11. Interior — Buckled Wood Floor in 2023
Figure 12. Interior — Water Damaged Wood Floor in 2023
119
Figure 13. Interior — Example of Peeling Paint in 2023
Figure 14. Interior - Bathroom Floor in 2023
Figure 15. Interior - Floor in 2023
L.l5 i
Figure 16. Interior — Water Damaged Ceiling in 2023
Figure 17. Interior — Water Damaged Ceiling in 2023
Figure 18. Interior — Stairs to Basement in 2023
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Figure 19. Front (North) Elevation in 2024
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Figure 26. Hole in Clapboard on Side (East) Elevation in 2024
Figure 27. Side (East) Elevation in 2024
Figure 28. Missing Fascia from Chimney Removal on Side (East) Elevation in 2024
Figure 29. Example Leaded Glass Diamond Shaped Windows in 2024