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HomeMy WebLinkAboutHeritage - 2009-05-05HERITAGE KITCHENER MINUTES MAY 5, 2009 CITY OF KITCHENER The Heritage Kitchener Committee met this date, commencing at 4:00 p.m. Present: Mr. K. Kirby -Chair Councillor J. Gazzola, Ms. L. Brohman, Ms. E. Gallaher, Ms. A. Oja and Messrs. J. Ariens, T. Benedict, Z. Janecki, G. Zeilstra and I. Mota. Staff: L. Bensason, Coordinator of Cultural Heritage Planning M. Wade, Heritage Planner C. Goodeve, Committee Administrator 1. INTRODUCTION OF NEW MEMBER On behalf of the Committee, Mr. K. Kirby welcomed Ms. A. Oja who was recently appointed to Heritage Kitchener as the Committee's representative for the Upper Doon Heritage Conservation District. 2. DTS-09-073 - 393-411 QUEEN STREET SOUTH (BARRA CASTLE) - IDENTIFICATION AS A PROPERTY OF HIGH CULTURAL HERITAGE VALUE OR INTEREST The Committee considered Development and Technical Services Department report DTS-09- 073, dated April 29, 2009 regarding the identification of 393-411 Queen Street South (Barra Castle) as a property of very high cultural heritage value or interest within the Victoria Park Heritage Conservation District (HCD). Mr. L. Bensason reviewed the report and advised that if Council approves the staff recommendation, the Barra Castle would then be subject to the heritage provisions of Municipal Code Chapter 665 (Property Standards for Maintenance and Occupancy). These provisions impose protective measures that must be taken by a property owner when their building is vacant, to protect its heritage attributes. He stated that a detailed assessment of the work required to protect the heritage attributes of the Barra Castle against further deterioration would be conducted should the property be identified as being of very high cultural heritage value. He added that in accordance with Chapter 665, Council shall consider any comments made by Heritage Planning staff and the property owner before it determines whether a property is of very high cultural heritage value or interest. In this regard, notice of the City's consideration of 393-411 Queen Street South was provided to the owner by registered mail on April 22, 2009. He noted that staff has not received any communication or comment from the property owner regarding this notice. Mr. Darrell Hawreliak, Kay Professional Corporation, addressed the Committee as the representative of the Estate Trustee for the owner of 393-411 Queen Street South. He advised that the Estate Trustee is still in the process of assessing /appraising the owner's assets, adding that he is unaware of any efforts to sell the property at this time. He stated that he was only informed of this issue earlier today and has no knowledge of the owner's position regarding the identification of the property as being of very high cultural heritage value or interest. He noted that due to the construction taking place on Queen Street directly in front of the Barra Castle, he has been unable to inspect the property. He requested that staff circulate to him a copy of the notice that was sent to the owner along with any additional pertinent information regarding this property. In response to questions, Mr. L. Bensason clarified that the Barra Castle has already been designated under Part V of the Ontario Heritage Act by virtue of being located within the boundaries of the Victoria Park HCD. He added that the identification being considered at this time would enable the City to enforce bringing the Barra Castle up to a minimum acceptable standard, as necessary to prevent and protect against the deterioration of its heritage attributes. He stated that a property found to be in non-compliance with the property standards by-law may be required to be repaired at the owner's expense, to ensure that the character and integrity of the designated heritage attributes are maintained. He advised that should an owner choose not to comply with a Property Standards Order and exhausts the various avenues of appeal; the City may choose to have the work done to meet the Order at the City's expense and seek to recover costs on the tax roll. He noted that a preliminary assessment based on the condition of the heritage attributes as seen from the street, would suggest that such cost may be in the range of $75,000. HERITAGE KITCHENER MAY 5, 2009 - 18 - CITY OF KITCHENER 2. DTS-09-073 - 393-411 QUEEN STREET SOUTH (BARRA CASTLE) - IDENTIFICATION AS A PROPERTY OF HIGH CULTURAL HERITAGE VALUE OR INTEREST (CONT'D) Several members commented that regardless of the issues concerning ownership, a responsibility exists to maintain and provide for a minimum standard of maintenance for the property. Concerns were expressed regarding ongoing vandalism and the potential deterioration of the building. On motion by Mr. J. Ariens - it was resolved: "That the property municipally addressed 393-411 Queen Street South (commonly known as the Barra Castle) and located within the Victoria Park Heritage Conservation District, be identified as a property of very high cultural heritage value or interest, for the purpose of enforcement under the Property Standards for Maintenance and Occupancy by-law, as outlined in Development and Technical Services Department report DTS-09- 073." Addendum: following the meeting, the Committee was in receipt of correspondence from Mr. D. Hawreliak, which indicated that when he appeared before the Committee, he was not appearing as the representative of the current registered owner, but as the representative of the Estate Trustee for the majority shareholder of a company which holds a mortgage for 393-411 Queen Street South. In addition, it was noted that the Estate Trustee has commenced power of sale by reason of the default to said mortgage by the registered owner. 3. FORMAL APPROVAL OF THE HERITAGE KITCHENER 2009-2010 WORK PLAN The Committee considered the draft 2009-2010 Heritage Kitchener Work Plan. Mr. C. Goodeve advised that in accordance with the recommendations of the 2008 Advisory Committee Review, Heritage Kitchener, with the assistance of staff, were required to develop and implement a work plan for the coming term. At the January 6t", February 3rd, and March 3rd meetings, members were requested to provide suggestions on the types of things that they would like to see Heritage Kitchener accomplish in the coming term. Staff then developed a draft Work Plan based on the Committee's identified goals, objectives and priorities; as well as the goals, objectives and priorities of the City's Planning Division. He stated that the Committee is being asked to consider the draft 2009-2010 Work Plan and recommend its approval to Council. On motion by Mr. T. Benedict - it was resolved: "That the Heritage Kitchener 2009-2010 Work Plan, be approved." 4. PROPOSED APPROACH FOR THE DELEGATION OF HERITAGE APPROVALS The Committee was in receipt this date of a PowerPoint presentation prepared by Mr. L. Bensason regarding the proposed approach for the delegation of approval authority for Heritage Permit Applications (HPA). Mr. L. Bensason advised that pursuant to the Ontario Heritage Act (OHA), staff are proposing that the Coordinator of Cultural Heritage Planning, or designate, be delegated approval authority for alteration applications for designated heritage properties. He outlined that staff are of the opinion that this delegation would serve to streamline the approval of compliant and non-controversial HPAs and would remove routine administrative matters from Council's and Heritage Kitchener's agendas. In addition, it may serve to improve customer service by reducing the waiting period for approval, particularly during the summer recess, and reduce staff time spent on report preparation and processing. Mr. Bensason then reviewed the proposed process for approving HPAs, as outlined in the circulated presentation. In response to questions, Mr. L. Bensason clarified that for alteration applications made for property designated under Part IV of the OHA, it is proposed that consultation with the HERITAGE KITCHENER MAY 5, 2009 - 19 - CITY OF KITCHENER 4. PROPOSED APPROACH FOR THE DELEGATION OF HERITAGE APPROVALS (CONT'D) Municipal Heritage Committee would be required. For alteration applications made for property designated under Part V of the OHA, consultation with the Municipal Heritage Committee would not be required; however, consultation would be required for applications proposing demolition or removal. He stated that due to the challenges associated with fulfilling the consultation requirement, staff are of the opinion that consultation with Heritage Kitchener should continue to involve a regular meeting, as is the current practice. He noted that a staff report and a copy of the draft by-law for the delegation of approval authority would be presented for the Committee's consideration at the June 2, 2009 Heritage Kitchener meeting. Ms. E. Gallaher advised that given the significance of these buildings, she would like to see all Part V properties identified as Type `A', or as being of very high cultural heritage value or interest, to be dealt with in a manner similar to what is proposed for Part IV properties. Mr. J. Ariens suggested that if terms or conditions are applied by staff to an alteration application, the applicant should have the ability to request that their application be considered by Heritage Kitchener and/or Council. 5. MUNICIPAL HERITAGE REGISTER UPDATE Councillor J. Gazzola advised that at the April 27, 2009 Council meeting, two delegations addressed Council in opposition to listing 1000 Bleams Road and 35 Bridge Street West on the Municipal Heritage Register (MHR) as non-designated properties of cultural heritage value or interest. He noted that he encouraged the other members to support Heritage Kitchener's recommendation, advising them that listing provides the greatest number of options for Council to consider if a demolition application is received for either building; but unfortunately he was unsuccessful in convincing them to approve listing these properties on the MHR. 6. ADJOURNMENT On motion, this meeting adjourned at 5:27 p.m. Colin Goodeve Committee Administrator