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HomeMy WebLinkAboutDTS-09-130 - Identification of Barra Castle as Property of Very High Cultural Heritage Value or Interest on the MHRREPORT T0: Mayor and Members of Council DATE OF MEETING: August 24, 2009 SUBMITTED BY: Alain Pinard, Interim Director of Planning PREPARED BY: Leon Bensason, Interim Manager of Long Range & Policy Planning (519-741-2306) WARD(S) INVOLVED: Ward 6 DATE OF REPORT: August 19, 2009 REPORT NO.: DTS-09-130 SUBJECT: IDENTIFICATION OF 393-411 QUEEN STREET SOUTH (BARRA CASTLE) AS A PROPERTY OF VERY HIGH CULTURAL HERITAGE VALUE OR INTEREST. DEFERRAL TO SEPTEMBER 14, 2009 RECOMMENDATION: That the following recommendation be deferred to the September 14, 2009 special Council meeting, to provide Council the opportunity to consider the recommendations of Staff and the Heritage Kitchener Committee, regarding a Heritage Permit Application which proposes the partial demolition of the Barra Castle building: "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." BACKGROUND: At the special Council meeting of June 22, 2009 Council further deferred consideration of the recommendation made in Development and Technical Services Department report DTS 09-073, to identify 393-411 Queen Street South (commonly known as the Barra Castle} as a property of very high cultural heritage value or interest. The deferral was made to accommodate a request made by Mr. Stephen Kay, Kay Professional Corporation, as the Estate Trustee for the Mortgager. Mr Kay advised Council that there was a potential purchaser for the property, and was of the opinion that issues associated with the classification of the property should include consideration by the purchaser should the property be sold. In this regard, Mr. Paul Puopolo (Polocorp Inc.) advised Council that he was the prospective purchaser of the Barra Castle property, and that a conditional offer had been accepted. Mr. 7a)-1 Puopolo explained that he was undertaking requirements to meet due diligence, which would include the completion of a structural engineering report that will provide a more complete assessment of the condition of the building. Staff advised Council of its support of the deferral, subject to the Estate Trustee and prospective purchaser making arrangements to maintain and monitor the property; to secure the front section of the building so as to limit additional damage cause by rain and water penetration; and to share the results of the engineering report with staff once it is complete. On this basis, Council proceeded to defer consideration of the recommendation made in DTS 09-073 to the Council meeting of August 24, 2009. REPORT: Since the June 22, 2009 special Council meeting, arrangements have been made through Polocorp Inc. to monitor and secure the Barra Castle property. All openings on the front section of the building have now been boarded and are protected from rain and water damage. Further, a structural engineering report has been completed and was recently submitted to City staff for review. Staff have met with Mr. Puopolo and his consultants to discuss possible conservation options for the Barra Castle property. In this regard, Mr. Puopolo through the Estate Trustee has submitted a Heritage Permit Application, seeking Council approval for the partial demolition of the Barra Castle building. The Heritage Permit Application is supported by the results of the engineering report as well as a Heritage Impact Assessment (HIA). The HIA identifies a vision for the Barra Castle property and includes three phases of work. Phase 1 would involve the demolition of the middle, back and annex sections of the building, as well as the demolition of a south-west balcony on the front section of the building. Phase 1 is the subject of the current Heritage Permit Application. Phase 2 would involve the restoration of the front section of the Barra Castle building and would be subject to a separate Heritage Permit Application. Finally, Phase 3 would involve the construction of a new addition to the rear of the front section of the building, and would require the submission of a Heritage Permit Application supported by a Heritage Impact Assessment. Staff are currently processing the Heritage Permit Application, which is scheduled for discussion and consideration at Heritage Kitchener Committee on September 1, 2009. City Staff, the Estate Trustee, and the prospective purchaser are in agreement that given a Heritage Permit Application for partial demolition has been made, and that consideration of such application could have an impact on identified heritage attributes; there is merit in Council further deferring its consideration of the recommendation made in DTS 09-073. As Mr. Puopolo's offer to purchase is time sensitive, he has expressed an interest in having Council expedite its consideration of both the heritage classification of the Barra Castle property and the Heritage Permit Application. As a result, Staff are recommending that both these issues be brought forward for consideration at the special Council meeting of September 14, 2009. The special Council meeting is the first opportunity for members of Council to consider this matter following the Heritage Kitchener meeting of September 1st. Staff are supportive of the deferral to September 14, 2009 as measures have already been undertaken to secure and protect the front portion of the Barra Castle, which staff acknowledge is the original portion the building and which has the greatest cultural heritage interest or value. 7a)-2 FINANCIAL IMPLICATIONS: N/A COMMUNICATIONS: Staff have communicated with both the Estate Trustee and the prospective purchaser of the Barra Castle regarding this matter. It is Staff's understanding that both the Estate Trustee and prospective purchaser are in agreement with the recommended deferral to September 14, 2009 and may make separate submissions directly to Council in this regard. ACKNOWLEDGED BY: Jeff Willmer, Interim General Manager Development and Technical Services Department 7a)-3