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Staff Report
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Report To: Planning and Development Committee
Date of Meeting: January 22, 2024 Report Number: PDS-001-24
Submitted By: Carlos Salazar, Deputy CAO, Planning and Infrastructure Services
Reviewed By: Rob Maciver, Deputy CAO, Solicitor Resolution#: JC-009-24
File Number: PLN 34.5.2.9 HPA2023-011 By-law Number:
Report Subject: Proposed Heritage Permit Application; Alterations to Designated Heritage
Property: 6966 Highway 35/115 Kirby Church, Kirby (Designation By-law
96-164)
Recommendations:
1. That Report PDS-001-24 be received;
2. That Heritage Permit Application No. HPA2023-011 to allow for the replacement of
windows on the main floor of the Church building at 6966 Highway 35/115, Kirby
Church, be approved, subject to the following conditions: provided the replacement
of windows and frames in a similar style to the originals and are compatible with the
building and in accordance with applicable Designation By-law 96-164, and Section
33(4) of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18; and
3. That the Ontario Heritage Trust, the Clarington Heritage Committee, the property
owners, and all interested parties listed in Report PDS-001-24 be advised of
Council's decision.
Municipality of Clarington
Report PDS-001-24
Report Overview
Page 2
The owner of the designated heritage property at 6966 Highway 35/115, Kirby, has applied
for a Heritage Permit Application to complete work on the property. The proposal involves
the alteration of the Church building, and specifically the replacement of the main level
windows which are identified as a heritage attribute in the property's designation by-law. The
Ontario Heritage Act requires the owner of a designated property to obtain Council approval
for alterations that have the potential to affect the reasons for designation.
1. Background
1.1 The property at 6966 Highway 35/115, Kirby Church, was built in approximately 1880 in
the Gothic Revival style. It features a steeply pitched roof and simple lancet windows,
decorative quoins, and hood surrounds. The building is an example of Wesleyan
Methodist Church preserved in the Municipality. The property was designated by By-law
96-164 in 1996 for its heritage significance. (See Attachment 1).
ram46
6966 HIGHWAY
35/115
SOUTHBOUND M
r
r
Subject Site
Figure 1 The property location
Municipality of Clarington Page 3
Report PDS-001-24
1.2 The owner of 6966 Highway 35/115 has applied for a heritage permit to facilitate the
proposed replacement of windows on the main floor, as they have deteriorated and
broken due to weather and vandalism. The proposed work involves the alteration of a
designated heritage attribute window on the main floor. The Clarington Heritage
Committee (CHC) reviewed the subject application at its meeting on November 21,
2023.
Figure 2: Kirby Church at 6966 Highway 35/115
2. Ontario Heritage Act
2.1 The Ontario Heritage Act empowers a Municipality to pass a by-law designating a
property of cultural heritage value or interest.
2.2 The Ontario Heritage Act stipulates that the owner of a property designated under part
IV cannot alter the property where such alteration is likely to affect the reasons for
designation without the written consent of Council. Council is required to consider any
application for alteration of a designated heritage property in consultation with its
heritage committee.
Municipality of Clarington
Report PDS-001-24
3. Proposal
6966 Highway 35/115, Kirby
Page 4
3.1 The lancet windows, including those with panes of original coloured glass, are heritage
attributes recognized in the designation by-law as having heritage significance. Some
windows shattered in the spring of 2023 due to the weather, and some were damaged
by vandalism. The owner is seeking to replace the windows and frames on the main
floor to address the issue. Details about the proposed style of window, materials and
grill patterns were provided. The replacement windows will be designed so as to fit
within the existing window frame and have a similar style and appearance to the
originals, with the exception of the stained glass, the effects of which would be mainly
experienced from within the building.
3.2 The original stained glass is not proposed to be replaced as the applicant has cited that
work to be cost -prohibitive to the project. See attachment 2 for more images and the
details as provided by the applicant, including a cost estimate of example windows and
frames.
Figure 3 Current status windows and frames
4. Staff Comments
4.1 Staff has reviewed the proposal and consulted with the CHC to assess the proposed
work and expected impacts on the protected heritage features of the building as listed
above. The proposal involves the replacement of windows and frames. The original
coloured glass will not be preserved or restored due to the cost. Staff and the CHC are
of the opinion that the alteration of the designated attribute is necessary and brings the
building into a state of good repair, thereby contributing to its long-term conservation.
Municipality of Clarington
Report PDS-001-24
Page 5
4.2 The CHC discussed the subject application and passed a motion (Motion 23.40) at their
meeting on November 21, 2023, recommending in support of the proposed alteration,
including the replacement of windows and frames on the main floor that are similar to
the originals, as presented.
4.3 The property owner plans to take the opportunity to participate in the Heritage Incentive
Grant program to assist with the cost in 2024.
5. Financial Considerations
5.1 Not Applicable.
6. Concurrence
6.1 The Deputy CAO/Treasurer has reviewed this report and concurs.
7. Conclusion
7.1 Staff supports the request for the proposed alterations at 6966 Highway 35/115, Kirby
Church, as outlined herein and as presented in the application. It is respectfully
recommended that Council approve the heritage permit application, as per the
recommendations of this report.
Staff Contact: Jane Wang, Planner II, Community Planning, 905-623-3379 ext. 2411 or
0wanq(c_clarington.net. Sarah Allin, Principal Planner, Community Planning, 905-623-3379 ext.
2419 or sallin _clarington.net of Lisa Backus, Manager, Community Planning.
Attachments:
Attachment 1 — Designation By-law 96-164
Attachment 2 - 6966 Highway 35/115 Kirby Church Window Replacement Proposal
Interested Parties:
List of interested parties to be notified of Council's decision is on file in the Planning &
Infrastructure Services Department.
OL .
Attachment 1 to
PDS-001-24
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 96-164
being a by-law to designate the property known
for municipal purposes as 6966 Highway 35/115,
Part Lot 25, Concession 7, former Township of Clarke
as a property of historic or architectural value or
interest under the Ontario Heritage Act.
WHEREAS the Ontario Heritage Act, R.S.O. 1990, c.0.18
authorizes the council of a municipality to enact
by-laws to designate properties to be of historic or
architectural value or interest for the purposes of the
Act;
WHEREAS the Council of The Corporation of the
Municipality of Clarington has caused to be served upon
the owner of the property known for municipal purposes
as 6966 Highway 35/115, Part Lot 25, Concession 7,
former Township of Clarke, and upon the Ontario
Heritage Foundation, Notice of Intention to Designate
the aforesaid real property and has caused such notice
of intention to be published in the Canadian Statesman,
a newspaper having general circulation in the area of
the designation, on August 14, 1996;
WHEREAS the reasons for the designation of the
aforesaid property under the Ontario Heritage Act are
contained in Schedule "B" hereto;
WHEREAS the Local Architectural Conservation Advisory
Committee of the Municipality of Clarington has
recommended that the property known for municipal
purposes as 6966 Highway 35/115, Part Lot 25,
Concession 7, former Township of Clarke, be designated
as a property of historic or architectural value or
interest pursuant to the Ontario Heritage Act;
WHEREAS no notice of objection to the proposed
designation was served upon the Clerk within the period
prescribed therefore by the Ontario Heritage Act.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS:
1. The property known for municipal purposes as 6966
Highway 35/115, Part Lot 25, Concession 7, former
Township of Clarke, more particularly described in
Schedule "A" which is attached to and forms part
of this by-law, is hereby designated as a property
which has historic or architectural value or
interest under Section 29 of the Ontario Heritage
Act R.S.O. 1990, c.0.18.
2. The reasons for designation of the property
described in Schedule "A" hereto are set out in
Schedule "B" which is attached to and forms part
of this by-law.
3. The Solicitor for the Municipality of Clarington
is hereby authorized to cause a copy of this
by-law to be registered against the title to the
property described in Schedule "A" hereto.
- 2 -
4. The Town Clerk is hereby authorized to cause a
copy of this by-law to be served upon the owner of
the property described in Schedule "A" hereto and
on the Ontario Heritage Foundation. The Clerk is
also authorized to cause notice of the passing of
this by-law to be published in the Canadian
Statesman, newspapers having general circulation
in the area of the designation.
By-law read a first and second time this 16th day of
September 1996
By-law read a third time and finally passed this 16th
day of September 1996
P'. �// �..MMI'i
///.�
SCHEDULE "A"
TO BY-LAW #96-164
PT LT 25 CON 6 Clarke PTS 5 & 6, 40R14739; TIW N118467; SIT CK14361;
Clarington; PIN 267250006
Schedule `B" to
By-law 96-164
In January of 1872, Joseph Rickaby, acting on behalf of the trustees of the Kirby
Congregation of the Wesleyan Methodist Church, purchased the site of the former
Primitive Methodist Church from William Fielding. Adjoining land was acquired in
1873 from congregational member Jonathan Tyerman and in 1880 a new Wesleyan
Methodist Church was built on the combined lot. Decorated with quoins and hood
surrounds, it features a steeply pitched roof and simple lancet windows, which were
hallmarks of the Gothic Revival style. It is designated for its historical significance and
the following architectural features:
Exterior:
• The original brick facade and fieldstone foundation
• The decorative quoins and hood surrounds
• The date stone set above the front entrance
• The lancet windows including those with panes of original coloured glass
Interior
The tin ceiling and tin ceiling vent in the sanctuary
The wainscotting in the sanctuary and lower hall
The sanctuary's pine floors
Attachment 2 to
PDS-001-24
Kirby United Church
Main Floor Windows
Replacement Proposal
Heritage Designation: BY- LAW 96- 164
It is designated for its historical significance and
the following architectural features:
Exterior:
The original brick facade and fieldstone foundation
The decorative quoins and hood surrounds
The date stone set above the front entrance
The lancet windows including those with panes of original coloured glass
Page 1 of 12
Reasons for Replacement
Examples of Broken Panes
Page 2 of 12
Y
0
Reasons for Replacement
This spring a pane blew out and shattered onto the front stairs.
We were open when it happened.
Fortunately, none of our visitors were hurt.
The pane was initially replaced with plastic. When that let go, it was
replaced with clear glass and exterior caulking. Due to the height of the
pane, this was not an easy task for the people who offered to help.
Page 4 of 12
Proposed Replacement
South Fagade
3 Gothic Shaped Picture Windows
White vinyl inside and out
Low-E + argon energy glass
Internal Georgian grill
Page 5 of 12
Proposed Replacement
East Faigade
2 Gothic Shaped Picture Windows
1 Picture Window with Gothic Shaped window above
White vinyl inside and out
Low-E + argon energy glass
Internal Georgian grill
Page 6 of 12
Proposed Replacement
North Fagade
3 Gothic Shaped Picture Windows
White vinyl inside and out
Low-E + argon energy glass
Internal Georgian grill
Page 7 of 12
Proposed Replacement
f ersse Find
an'
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In n
Quote From Fersina Windows
August 3, 2023
(valid for 30 days)
Cash Total: $34,785.65
Note the $750 discount because of
our charitable work
The same company replaced our
basement windows in the spring of
2023.
We were very pleased with their
professionalism and the results.
Their work is visible in the north
and south fagade pictures.
They have proven experience with
older buildings, including the
Orono Town Hall.
Page 8 of 12
Proposed Replacement
Permission Letter from Church Owners
East Central Ontario
Regional Council
of The Uni[8C Ch{lr: -r at a
f uv iqLlii i:'i] Ylv (ii.i[I' ;rr iL''tuii3 ry ii,J by I.I)['Pi1'i7_
wc• 41' If)u- t h u wav M Jvni x ir.. b2ul is l Yr riltr w1 hrl d.
OTTAWA
November 3, 2033
To Whom it may concern.
This is a note con firmingthat the United Church is the Current owrrers of the Kirby
United Church and that Marie Nelson is working with us and the Kirby United
Church Trustees to maintain the church property. There is a project to replace
the failing upstairs windows Arid we as the owners support and approve the work
to complete this maintenance projPct.
Yours respertfu Ily
Rev. Eric Hubert -Daly
Regional Fxecutive Minister
East Central DntBrio Regional Council, United Church of Canada
225 5C`TH AVENU E, LAC HINE. QUEBEC, H8T 2T7
EASTCF N TRALO NTA R 10@ U NiTED-CHU RCH_ CA
Page 9 of 12
Proposed Replacement
Pros and Cons
Pros
Eliminate danger of more panes
blowing out.
Protection from the elements
Lower heating costs.
Improved look, inside and out.
Fersina's work on the basement
windows has given us the
confidence that they will do a
quality job on the main floor
windows.
Cons
Loss of the stained glass.
The replacement is very expensive
and would be much, much more
expensive if we opted to keep the
stained glass.
Page 10 of 12
Questions For The Heritage Committee
1. Do you know of any way to get the look of the stained glass without
using actual stained glass?
2. Do you see any benefit of using 1-piece, 2-piece or 3-piece
replacement windows for the tall Gothic windows? Fersina suggested
keeping at least the Gothic top as a separate window because it is the
most expensive piece. This would reduce the replacement cost if a
lower part of the window happened to get broken in the future.
Page 11 of 12
Conclusion
The main floor windows need to be replaced as soon as possible. They
are clearly failing and this poses considerable risk to the building interior
and contents.
Thanks to the Kirby Church Books Volunteer Team and our wonderful
book -buying customers we are within $10,000 of the quoted cost.
With the approval of The Heritage Committee, it is our goal to complete
the window replacement in 2024.
Page 12 of 12