Ottawa Built heritage Advisory Committee extract of draft minutes 8 16 jUNE 2011

Comité consultatif sur le patrimoine bâti d’ottawa extraite de l’Ébauche du procÈs-verbal 8 le 16 JUIN 2011

Designation of the clemow estate east heritage conservation district under part v of the ontario heritage act

DÉSIGNATION DU DISTRICT DE CONSERVATION DU PATRIMOINE DE L'EST DU DOMAINE DE CLEMOW AUX TERMES DE LA PARTIE V DE LA LOI SUR LE PATRIMOINE DE L'ONTARIO

ACS2011-ICS-PGM-0108 CAPITAL (17)

report recommendation:

That the Ottawa Built Heritage Advisory Committee recommend that Planning Committee recommend that Council approve:

1. Designation of the Clemow Estate East Heritage Conservation District, as identified in Document 1, under Section 41 of the Ontario Heritage Act; and

2. The Clemow Estate East Heritage Conservation District Plan as shown in Document 4.

The committee received the following correspondence on this matter:

Ø In support of the proposal:

1. Comment sheet from John Leaning dated May 31, 2011

2. Email from Ellen & John McLeod dated June 13, 2011

Ø In opposition to the proposal:

1. Letter of opposition signed by various residents dated June 3, 2011, accompanied by comment sheets from the following individuals (submitted to the Coordinator via Lara Wait):

1. Lara and David Wait dated June 10, 2011

2. Sandy and Rod Bryden dated June 12, 2011

3. Paul Lavoie dated July 10, 2011

4. K. MacKenzie dated June 12, 2011

5. Theresa Ladouceur and Gregory Kostyrsky dated June 7, 2011

6. Shawn McGann dated June 12, 2011

7. Bente McAlister dated June 9, 2011

8. Paul Boldizar dated June 10, 2011

9. Melissa Vienalass and Michael Smith dated June 11, 2011

10. George Windsor dated June 9, 2011

11. Pietro Milito dated June 8, 2011

12. Amanda Milito dated June 10, 2011

13. Sheila Hubbard and Romain Saha dated June 7, 2011

14. Jennifer Hein-Islam dated June 8, 2011

15. H.F. Bajramovic dated June 10, 2011

16. Ann Hyland dated June 10, 2011

17. Richard Eyre date June 10, 2011

18. D. Halton-Weiss dated June 8, 2011

19. Terry Guilbault dated June 12, 2011

20. Ian Burney dated June 11, 2011

21. Andre Bigras dated June 12, 2011

Chair Mulholland read a statement advising that the committee’s consideration of this report constituted a public hearing and only those who made oral submissions at the meeting or written submissions before the matter is decided could appeal to the Ontario Municipal Board. He noted that there were comment sheets available for anyone wishing to submit written comments on these applications.

Lesley Collins, Heritage Planner, provided an overview of report.

John McLeod supported the designation and suggested time is of the essence as Noffke's own house is up for sale, noting there have been many recent property demolitions in the Glebe. He commended heritage planning staff for their work on the proposal and for their fulsome consultation efforts with residents. Written comments to this effect were submitted by him and Ellen McLeod on 13 June 2011, a copy of which is held on file pursuant to the City’s Records Retention and Disposition By-law.

Bill Price, Secretary, Heritage Ottawa expressed the group’s strong support for the creation of Clemow Estate East Heritage Conservation District (HCD), suggesting that designation is an essential means to protecting this near perfect example of built heritage in the form of century-old dwellings and landscapes. He noted the approval process provides opportunity for public and owner input leading to possible changes to aspects of the current proposal and that Heritage Ottawa may seek to comment further in future on any such changes to the extent that they may materially diminish the protection of the principal heritage elements of this special area.

Speaking personally, as an owner of a home within the proposed HCD, he stated he understood many of the concerns of other owners and was sympathetic with some of them. He said he would support those constraints necessary to prevent material damage to the heritage streetscape of the proposed district. He suggested the proposed boundary for the HCD could be amended so that it include only Central Park East, the Noffke homes and those other properties that front onto the park or have a material sightline to and from the park, so as to create a more meaningful and consistent set of criteria for drawing the boundary of this unique area and eliminate some of the owner criticism of the HCD over boundary issues. He felt that the creation of a “buffer” zone around the backyards of Noffke houses and other houses with park sight lines does not seem necessary or reasonable. He also expressed concern that HCD status will mean the adoption of the Heritage Overlay zoning for this district which would result in constraints on gross floor space increases for additions. He felt that as long as additions are constrained to the backyard and follow the current rules regarding, height, setbacks, etc., the heritage streetscape would not be affected. A copy of Mr. Price’s more detailed submission is held on file pursuant to the City’s Records Retention and Disposition By-law.

Joan Bard Miller, Chair of the Glebe Community Association’s (GCA) Heritage Committee noted it was the GCA that first requested a Heritage Conservation Study for Central Park East in the Glebe in 2003. The request for this study stemmed from a desire to protect the unique heritage character and attributes of an area which is representative of the history of the development of the Glebe. She stated she has received feedback from several residents since staff carried out recent consultations with the community, some in favour, some in opposition and some who are unsure, but she said the one sentiment that is consistent is a desire to protect the area’s heritage. She noted there are concerns from residents with respect to the proposed boundary for the HCD – some suggesting it should be narrowed and others suggesting it should be expanded. Some residents feel that their rights as property owners are being infringed upon and have expressed concerns about potential negative impacts on their homes’ values or ability to make changes to their properties. Others have stated that they do not feel the process has included enough input from the residents. Ms. Bard Miller thanked staff for their efforts and said the GCA hopes that consensus for some form of heritage protection can be achieved with the input of affected homeowners. A copy of Ms. Bard Miller’s more detailed submission is held on file pursuant to the City’s Records Retention and Disposition By-law.

Terry Guilbault, a property owner within the affected area, did not support the proposed boundaries of the HCD and suggested there are adequate zoning by-laws currently in place in the Glebe to protect undesirable development in this area. He felt the Noffke house itself is worthy of designation and wished for Mr. Price’s earlier suggestion of a revised HCD boundary to be explored. He asked that his property be removed from the proposed HCD and that further consultation take place with all residents in the area. Mr. Guilbault submitted a comment sheet dated June 12, 2011 stating his objection and also signed a letter of objection with various other residents, which was submitted to the Committee Coordinator prior to the meeting. Copies of both documents are held on file pursuant to the City’s Records Retention and Disposition By-law.

John Leaning expressed frustration and disappointment that this issue has still not been decided eight years after the initial request for action was submitted. He could not understand why property owners would object to the designation and urged committee to approve it. A copy of the written comments to this effect submitted by Mr. Leaning on May 31, 2011 is held on file pursuant to the City’s Records Retention and Disposition By-law.

Jane Bower, an owner of two properties within the proposed HCD boundary, expressed support for Mr. Price’s suggestion to narrow the boundary. She expressed concerns about being able to obtain home insurance for properties with a Heritage Overlay or about having to pay a higher premium for that insurance. She also questioned the efficacy of heritage designations and protections, noting recent examples of disregard for such measures in the city. She did not support the HCD as proposed, suggesting there are adequate zoning provisions in place in the Glebe.

Sandy Bryden did not support the HCD as proposed. She expressed concerns about the approach to this project and about insufficient consultation. She requested that the boundary be narrowed and that a phased in generational approach occur for category 3 and 4 homes over the next 25 years or as they change ownership. Ms. Bryden, along with her husband Rod Bryden, submitted a comment sheet dated June 12, 2011 stating their objection and also signed the previously mentioned residents’ letter of objection. Copies of both documents are held on file pursuant to the City’s Records Retention and Disposition By-law.

Lara Wait did not support the HCD boundary as proposed and requested that her property be removed from it, suggesting that although it is behind the Noffke house there are no longer sightlines to or from it in relation to Central Park and thus it does not contribute to the HCD. Prior to the meeting, Ms. Wait submitted both a comment sheet dated June 10, 2011 stating her and her husband, David Wait’s, objection along with the letter of objection signed by them and various other residents. Copies of both documents are held on file pursuant to the City’s Records Retention and Disposition By-law.

Andrew Jeanes supported the proposed HCD. He hoped to dispel some of the objecting homeowners’ concerns by referencing several studies that have been undertaken which have indicated that: properties within HCDs generally perform at or above the market value rate; the Guidelines are not onerous for property owners and permits for alteration / modification are not difficult to obtain; the majority of insurance companies do not take issue with heritage or designated homes; and there is generally a high degree of satisfaction amongst owners within HCDs.

Doug Casey was supportive of the proposed HCD but agreed with previous speakers that the boundary could be narrowed.

Moved by Virendra Sahni:

That the Ottawa Built Heritage Advisory Committee approve the report recommendation with the amendment that the proposed boundaries of the Clemow Estate East Heritage Conservation District be modified to exclude 38 Monkland Avenue, 37 Linden Terrace, and all properties on the north side of Glebe Avenue except 85 and 89 Glebe Avenue.

LOST

YEAS (1): V. Sahni

NAYS (4): E. Eagen, A. Fyfe, C. Mulholland, E. Zdansky

The report recommendation was moved by Elizabeth Zdansky and CARRIED as presented on the following division:

YEAS (4): E. Eagen, A. Fyfe, C. Mulholland, E. Zdansky

NAYS (1): V. Sahni