HomeMy WebLinkAboutPSD-006-14 C]aF;WgtOR REPORT
PLANNING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: January 20, 2014 Resolution #: 984 By-law #:
Report #: PSD-006-14 File #: PLN 34.5.2.55
Subject: AN APPLICATION TO REPEAL HERITAGE DESIGNATION
210 KING AVENUE WEST, NEWCASTLE VILLAGE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-006-14 be received;
2. THAT Council deny the application requesting repeal of By-law 95-30 for the heritage
designation of 210 King Avenue West, Newcastle; and
3. THAT all interested parties listed in Report PSD-006-14 and any delegations be advised
of Council's decision
Submitted by: Reviewed by.��
4DAd J. rome, MCI P., RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
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7 January 2014
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: PSD-006-14 PAGE 2
1. APPLICATION DETAILS
1.1 Owner/Applicant: Peter and Anu Thorne
1.2 Proposal: The owners have requested to have the designating heritage by-law repealed
for their property.
1.3 Location: 210 King Avenue West, Newcastle Village
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2. BACKGROUND
2.1 On March 13, 1995, Council approved the heritage designation of the property
identified as 210 King Avenue West in Newcastle under Part IV of the Ontario
Heritage Act.
2.2 Named "The Hollows" by once owner and resident of Newcastle Village, Major David
Bennett, the structure at 210 King Avenue West incorporates elements from different
periods of the 19th century. The lot which accommodates the building was part of a
Crown grant to Captain John McGill, who sold it in 1801 to Robert Baldwin, one of
REPORT NO.: PSD-006-14 PAGE 3
Clarke Township's earliest settlers. Heritage Designation By-Law 95-30 (Attachment
1) lists the historical significance and the architectural features of the building that
supported the reasons for designation in 1995.
.ierl I
2.3 On October 1, 2013, Clarington Planning Staff met with the owners of the subject
property at their home to discuss their concerns. At this meeting, one of the concerns
of the owners was that over the years they had found that some of the architectural
features listed in the designating heritage by-law were not in fact original to the home.
Information and options for amending the designation were provided by Planning
Services Staff to the owners. As follow up to the meeting the owners were provided
with information on their zoning, land division and heritage designations to further
clarify questions that were raised at the meeting.
2.4 On November 1, 2013, a letter was received by the Planning Services Department
from the owners requesting repeal of the designating by-law for the property
(Attachment 2).
3. ONTARIO HERITAGE ACT
3.1 Under Section 32 of the Ontario Heritage Act, an owner of property designated under
Part IV may apply to the Council of the Municipality in which the property is situate to
repeal the by-law or part thereof. The Act, and the Ontario Heritage Tool Kit
document, "Designating Heritage Properties", outlines the process which must be
followed for the repeal of a designating by-law (Attachment 3).
REPORT NO.: PSD-006-14 PAGE 4
3.2 Upon consultation with its Municipal Heritage Committee, Council shall consider an
application under this section and within ninety days of receipt thereof shall either
refuse or consent to the application.
4. COMMENTS
4.1 At their meeting on November 19, 2013, the Clarington Heritage Committee passed the
following resolution:
"THAT the CHC does not feel there is good reason to remove the
heritage designation on 210 King Avenue West. They would be
willing to work with the owner to determine which features should be
kept as listed features in the by-law schedule should the owners
decide to seek changes to their designating by-law."
4.2 The Clarington Heritage Committee and Council have approved changes and
modifications for other designated properties. Upgrades such as those the owners
made reference to in their letter, including floors, windows, walls, and insulation are
common requests which have been received and approved.
4.3 During the 1980's and 1990's the Provincial government offered grants to designated
properties, however the province withdrew this funding in 1995. In 2013, Clarington
Council approved the development of a Heritage Incentive Grant Program to assist
designated property owners in funding works to designated heritage features and
structural improvements to ensure the long term viability of Clarington's heritage
resources. This program does not limit designated property owners from applying for a
grant for other works in subsequent years.
4.4 Also in 2013, Clarington Council delegated the approval for minor heritage alterations to
the Director of Planning Services in consultation with the Clarington Heritage Committee
in order to streamline the process for heritage alterations and avoid unnecessary
delays.
4.5 While the owners have discovered over time that some of the listed architectural
features of the home are not original to the building, there are many architectural
features listed that are worthy of protection under the Ontario Heritage Act. In addition,
the social and cultural history of the property is of significance when determining the
historical value of the home.
4.6 The Newcastle Village and District Historical Society were consulted on the social and
cultural history of the property and indicated they would not support the repeal of the
designation because of the connection the home has to the early founders of
Newcastle.
4.7 The Clarington Heritage Committee has indicated a willingness to work with the owners
to amend the list of architectural features and address the owners wish to make
changes to the property. The Committee has worked successfully with many other
designated heritage property owners.
REPORT NO.: PSD-006-14 PAGE 5
4.8 Clarington Council has in one other case repealed a heritage designation by-law, for 21-
23 King Street East in Bowmanville (PSD-103-08). This structure had extensive damage
resulting from the fire of March 2008, and was ordered demolished by the Chief Building
Official for structural safety reasons.
5. CONCURRENCE — Not Applicable
6. CONCLUSION
6.1 Designation of properties under the Ontario Heritage Act is a tool available to
municipalities to preserve and protect properties deemed to be of cultural heritage
(architectural, cultural, and social) value or interest in perpetuity.
6.2 The Clarington Heritage Committee and Staff do not recommend repeal of the
designating heritage by-law, while some of the features listed have been determined to
not be original this is not a compelling reason to remove heritage designation.
CONFORMITY WITH STRATEGIC PLAN
The recommendations contained in this report conform to the general intent of the following
priorities of the Strategic Plan:
Promoting economic development
Maintaining financial stability
Connecting Clarington
Promoting green initiatives
Investing in infrastructure
X Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Faye Langmaid, Manager, Special Projects Branch
Attachments:
Attachment 1 - Heritage Designation By-Law 95-30
Attachment 2 - Request Letter from Peter and Anu Thorne
Attachment 3 - Flow Chart for Repeal of Designating By-Law
List of interested parties to be advised of Council's decision:
Peter and Anu Thorne, Owners
Clarington Heritage Committee c/o Faye Langmaid
Newcastle Village and District Historical Society
Bert Duclos, Ministry of Tourism, Culture and Sport
Sean Fraser, Ontario Heritage Trust
Attachment 1
f
To Report PSD-006-14
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW#95-30
being a by-law to designate the property known for municipal purposes as
210 King Street West, Part Lot 29, Concession 2,former Village of Newcastle,
now in the Municipality of Clarington as a property of historic or architectural
value or interest under the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18
WHEREAS the Ontario Heritage Act, R.S.O. 1990, C.0.18 authorizes the council of the
municipality to enact by-laws to designate properties to be of historic or architectural
value or interest for the purposes of the Act; and
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 210 King Street West, Newcastle Village, 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 Newcastle Independent, a
newspaper having general circulation in the area of the designation, once each week
for three consecutive weeks, namely December 28, 1994, January 4 and 11, 1995;
and
WHEREAS the reasons for the designation of the aforesaid property under the
Ontario Heritage Act are contained in Schedule "A" attached to and forming part of
this by-law; and
WHEREAS the Local Architectural Conservation Advisory Committee of the
Municipality of Clarington has recommended that the property known for municipal
purposes as 210 King Street West, Newcastle Village be designated as a property of
historic or architectural value or interest under the Ontario Heritage Act; and
WHEREAS no notice of objection to the proposed designation was served upon the
Clerk within the period prescribed 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 210 King Street West,
Newcastle Village, which is more particularly described in Schedule"B"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 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 "B" hereto.
3. The Clerk is hereby authorized to cause a copy of this by-law to be served
upon the owner of the property described in Schedule"B" hereto and on the
Ontario Heritage Foundation. The Clerk also is authorized to cause notice of
the passing of this by-law to be published in the Newcastle Independent, a
newspaper having general circulation in the area of the designation, once each
week for three consecutive weeks.
By-law read a first and second time this 13th day of March 1995.
By-law read a third time and finally passed this 13th day of March 1995.
MAYOR
eputy L.ERK
• ` SCHEDULE "A"
TO BY-LAW#95-30
Named "the Hollows" by once owner and resident of Newcastle Village, Major David
Bennett, this structure incorporates elements from separate periods of the 19th
century. The lot which accommodates the building, was part of a Crown grant to
Captain John McGill, who sold it in 1801 to Robert Baldwin, one of Clarke Township's
earliest settlers. The oldest section of the frame house dates from the 1830s and it Is
located behind a two storey Edwardian addition, which was constructed by a
Newcastle master carpenter names Pool in the early 1900s. Significant to the Village
of Newcastle, the following architectural features are recommended for designation
under Part IV of the Ontario Heritage Act:
Exterior -the frame facade
-the two storey L-shaped verandah
-the original 2 over 2 sash windows and storms
-the two 20 paned windows and large paned windows with storms
- the two main wooden doors, one in the 1830s portion and one from the
1900s portion
Interior - the staircase with hand-crafted bannister leading to the kitchen
- the main staircase of wide-grained Virginia chestnut
- the original pine and oak floors through-out
- the original wood trims, mouldings and doors
- the two wood and glass-paned pocket doors
- the fireplace surrounds and mantles with built in caste and copper burning
units
Attachment 2
To Report PSD-006-14
Lehr trt lr�te�t the Heritage�crrnrrtitf�ee
Lk{from Petter arnd Anti Thcwrle,
Residents of 210 King Aveti W,Newcastle,inn. P �
(designated her"rtage property)
After careful consideration Arnu and I are regwsting approval for the dellstirxg of our 210 King
Ave.W.home from the registry of heritage homes in Clarington.
The following account offers some insight into our decisi",-
We returned to Canada from a year In the U.S. in 1994 and purchased 210 icing Ave. W. in
Newcosl .. It was being sold by the bank under power of sale and had been clereld for two
years. The ilst caf deficiencies offered by a home inspection company was approximately 6 pages
long outlining major needs like mpkicing the wrap`-around porch(two stories),galvanized pipes
and knob and tube wiring; a complete gutting of the ldchen; numerous Vindow lssues eX. The
house had also suffered frost damage to the foundation. We moved to Newcastle with a
gargantuan jab ahead of us but with much efrthusiasrn,
I joined t.A.C.A.C.at a time when Isobel was the fiaison with the Municipality,and member,
Included'fpm berry,Bill Patterson,Janie Dodds,John 070ole and Otbers. At the time I was an
unemployed history teacher ddng"supply"work, I Was cataght up In the er►thuslasm of"owning"
a part of this historical town,but had little experience with process. r was encouraged to resister
my home,by the committee-,wM the incentive that there was a $3,000 grant available(upon
approval)to restore a home such as ours. Particularly appealing was the comment, In
committee, that registrants weren't restricted to a one-time request but could come Crack to
cofrm littee for Subsequent,attributable hone restorations. My wife,who was reticent to
encumber our hom,was"worn over"by the financial benefit,and we registered our home,
The same year we placed the house on the registry the grants were withdrawn. We received
hone of the grant money that spormd us to$Ign up. $0.00
In the intervening years,every time we had to consider an upgrade to floors,windows,or walls,
for things like insulation,I have had to"defend",to my wife, my resolve to list our Dome. At the
same time there was the mitigating embarrassment of not wanting to take up my concerns with
my as ociate5 at t.A.C-A,C.,suggesting that my chief motive for listing our home fmy have been
for the grant money.
Quite simply,the regfstr$ion was not what it was represented to be for my wife and 1. It has
taken us over fifteen years to accornplKh,by ourselves, the restoration xgofk on our home.
-'here are other fnistrations, some of which are attributed to the registration of our home and
surne which accrue to the fee that 97%of our home is consfdered to be on the flood plain and
therefore under the scrutiny of Ganaraska Authority. We have experienced the doubling Effect of
the l' unkipallty's restrictive controls on both our house (governed by the Het-brpe Registry)as
well,as our property(governed by the Ganarw a Authority).The Gar oraska restrictions cost cis
over$3,0110 in an aborted attempt to sevrr the spare lot we have to the west of our home six
years ago. We want to live with the same freedom of expression that our mighbours have and
make decisions unencumbered by the additional bylaws associated with a designation.
When we tried to sell our horre six years ago we had"zero"offers. Deal estate said that the
heritage designation was a dWocentive to hone buyers.
It is impossible to express in wards,on paper, the feelings of befog overwhelmed,over t1me. But
that's exactly where we are. We do love the character of this flora, f plan to retire in the next
year or two and we're consi&dng changing the allowable business we tarty on in otir home. We
nod the freedora to take renovations,if necessary,to support the ret4 ement t}t.t5lftOSS we plan
to run here in Newcastle. We have put so many'"man-tmurr WD this horns to bring It backto
what it w,as, and Is,and plan to continuta to be caretakers of its unique history, We Nape that the
character and appeal of our home will continue to draw the community and visitors to our door.
Our connection to the heritage designation was expected to be the catalyst to move us ZkM In a
more timely rrxanrter attd with some economic benefit, Sadly none of the expectations we had for
the association were fulfilled and we request your approval fora dellsOng.
$Incerely yours:
4.,C)r,._ r _.. •u.c itY2 L` _,
Peter and Anu Thorne
Attachment 3
To Report PSD-006-14
(Section 32 of the Ontario Heritage Act)
Repeal requested by
property owner Bylaw not repealed
r
i
Notice of Decision to Refuse:
Council consults with MHC I 1.Served on property owner Property owner objection
2.Served on OHT within 30 days?
3
i Council Decision` „,•gt ; Objection referred to §
§ within 90 days; CRB for hearing
Proceed with repeal? 4
0
Notice of Hearing
published in newspaper
I
Notice of Intention to Repeal:
1.Served on property owner
2.Served on OHT Council considers CRB Report I CRB hearing and report
3.Published in newspaper
I
i
Objections within 30 days? Objection referred to Notice of Hearing i
J--� CRB for hearing, published in newspaper
i
CRB hearing and report
c
Council Decision: p
Repeal bylaw? Council considers CRB Report
Repeal bylaw passed H Notice of Withdrawal of Intention
registered on title to Repeal:
1.Served on property owner
• 2.Served on OHT j
3.Published in newspaper i
Notice of Repeal:
1.Served on property owner
2.Served on OHT
3.Published in newspaper Bylaw not repealed
Property removed from
€ municipal and provincial registers
G i
_Property removed from
Canadian Register ' Council decision final where CRB hearing has taken place ;
f'
'a
Designating Heritage Properties Append&:Flowcharts