THE CORPORATION OF THE TOWN OF COBOURG COBOURG HERITAGE ADVISORY COMMITTEE MEMORANDUM TO: Cobourg Heritage Advisory Committee FROM: Amanda Warren, Planner I Heritage DATE OF MEETING: June 24, 2015 SUBJECT: Enforcement Options Sidbrook (411 King Street East) DATE: June 4, 2015 FILE NO: RECOMMENDATION That the Property Standards By-law be fully enforced through the issuance of an order to comply with the maintenance and preservation of heritage attributes as listed in the designation by-law. If the property owner fails to comply with the order, lay charges on the property owner and/or undertake the work required to remedy the situation and recover the costs through taxes. ORIGIN The subject property is individually designated under Part IV of the Ontario Heritage Act, and by By-law #014-2007. Due to the historical significance of the property, the Cobourg Heritage Advisory Committee has voiced concerned that the property owner is allowing the property to deteriorate intentionally to allow demolition by neglect. Demolition by neglect is defined as the destruction of a building through abandonment or lack of maintenance or alternatively left open to vandals or vagrants. Since 2008, the Town of Cobourg Building Department has issued five separate Property Standards Orders to enforce by-law compliance issues primarily to board up and secure the building. The Cobourg Heritage Committee requested that staff prepare this report to outline the options and make a recommendation for further enforcement under the Property Standards Act or Ontario Heritage Act. BACKGROUND The subject property is located at 411 King Street East and currently sits vacant. The property has architectural value as the last surviving Victoria Villa along King Street in Cobourg. Furthermore, the house is an excellent example of mid-nineteenth century Italianate style, with turn of the century classical revival embellishments and its displays a high degree of 1
craftsmanship in its interiors. The property has historic value as it has direct associations with several important and influential figures in Cobourg s early history. The house was designed by one of Ontario s most significant architects, Kivas Tully and Sidbrook is an excellent example of his work. The property has contextual value because it is a significant component of the King Street landscape and one of only a few grand summer houses of the period to survive in Cobourg. In March 2004, the property was nominated for individual designation by community member. The Local Architectural Conservancy Advisory Committee recommended designation to Council in December 2005, who endorsed the recommendation and approved the notice of intent to designate in January 2006. The property owner at the time filed a notice of objection and the matter was referred to the Ontario Conservation Review Board. The CRB hearing was scheduled for December 2006, where the property owner did not attend to present his objections to the designation. As a result the Board discontinued the proceedings and the by-law was passed by Council in February 2007 and registered on title of the subject property. In 2009, a heritage impact assessment was completed by E.R.A. Architects Inc. to support a proposed six residential condominium development. The report stated that the building envelope, structure, interior woodwork and plaster detailing were generally all in good condition. At this time, the basement was referenced as a cause for concern and required waterproofing since considerable water damage was reported. This development proposal has since been withdrawn. ANALYSIS Under the authority of section 15.1 of the Building Code Act, municipalities may pass by-laws prescribing minimum standards for maintenance and occupancy of properties. Municipalities have the ability to enforce the standards prescribed in their property standards by-law through powers of inspection, right of entry onto property, the issuance of orders to comply, and the 2
ability to either lay charges for failing to comply with an order and/or undertake the work required to remedy the situation and recover the costs as taxes. The Cobourg Property Standards By-law was amended in 2006 to provide standards for the maintenance of the physical condition and occupancy of property within the Town that has been designated to be a property of cultural heritage value of interest pursuant to Part IV of the Ontario Heritage Act to preserve and maintain the property s heritage attributes as set out in the statement that was served and registered on the property. Since 2008, there have been a number of property standards complaints including concerns for loss of heritage value pertaining to the property located at 411 King Street East, known as Sidbrook. The Town of Cobourg Building Department has issued five separate Property Standards Orders to enforce by-law compliance issues primarily to board up and secure the building and painting (see photos below). To date, the Town has not issued a compliance order pertaining to the heritage attributes of the property. 3
The reasons for Designation of the Property are described as follows in By-law 014-2007: The property located at 411 King St. East, known as Sidbrook is recommended for designation for architectural, historical and contextual reasons. The original twostorey brick flat-roofed villa was built in 1857 for Henry Mason, a director of the Coborug Railway. The High-Italianate design is attributed to prominent Toronto architect Kivas Tully who is also credited with the c.1868 alterations, that included the large west wing and hipped roof, commissioned in the same style by the second owner Major David Campbell (founded Campbellford). The stylistically similar Victoria Hall, and St. Peter s Church are two other local examples of Tully s work. William Abbot of Pittsburgh added the third floor, the façade s two-storey Beauxarts Corinthian portico with balcony and its one-storey Corinthian porch, as well porches on the east, and south (demolished) facades about 1900. Significant elements of the building include the stone foundation, brickwork, brick quoin work, fenestration, projecting square bay windows on the façade, east bay window, the north and south oriole windows and the chimneys. Other important elements include the denteled and bracketed cornices, front door surround, decorative woodwork, balustrades, Corinthian columns, bases and entablatures and coffered balcony ceilings. Of note in the interior is the extensive woodwork throughout the building particularly the ceiling of the east room and the foyer s paneling and staircase its newel post and banister. The latter dating to the Abbott s period is similar to local craftsman Frank Skill s work at Hamilton House executed about the same time. After Campbell s occupancy, Sidbrook was occupied by his ward and her husband John Vance Graveley. Mason, Campbell and Graveley were all important and influential figures in Cobourg s early history. Mason was heavily involved with the Cobourg to Peterborough Railway; Campbell with his brother Col. Robert Campbell founded Campbellford on the Trent River; Graveley was Mayor of Cobourg and important in provincial military circles. William Abbott, on time Chairman of Carnegie Brothers & Co. is representative of the many prominent Americans who made Cobourg a famous summer resort. Sidbrook is a rare surviving example of an early Victorian villa in Cobourg and also an example of the grand summer houses that once lined Cobourg streets. With much of its immediate landscape intact and located next to Brook Creek, it is a significant and defining landmark on King Street East. 4
OPTIONS 1) Recommend that the Property Standards By-law be fully enforced through the issuance of an order to comply with the maintenance and preservation of heritage attributes as listed in the designation by-law. In this case, the Town has powers of inspection, right of entry onto property and the ability to issue orders to comply. Since the designation By-law for the subject property is quite comprehensive and lists all of the historically significant elements providing reasonable grounds to enforce property standards related to the maintenance and preservation of the heritage attributes. The heritage attributes listed include the: stone foundation, brickwork, brick quoin work, fenestration, projecting square bay windows on the façade, east bay window, the north and south oriole windows, the chimneys, denteled and bracketed cornices, front door surround, decorative woodwork, balustrades, Corinthian columns, bases and entablatures, coffered balcony ceilings, and the interior woodwork, particularly the ceiling of the east room and the foyer s paneling and staircase (newel post and banister). If the property owner fails to comply with the order, the Town may lay charges and/or undertake the work required to remedy the situation and recover the costs through taxes. 2) Recommend an amendment to the Property Standards By-law to include specific instructions for securing vacant heritage properties. Some municipalities, including City of Hamilton, City of Toronto, and City of London, have included requirements in their property standards by-laws for vacant buildings to ensure minimal damage and provide some direction to protect the heritage values of the property. For example, vacant buildings must continue to have utilities connected to provide adequate heat and ventilation to prevent damage caused by fluctuating temperatures and humidity. Furthermore, both Kitchener and Brampton have chosen to enact specific maintenance requirements applicable to vacant heritage buildings only. This ensure the key buildings that are at risk protected, while designated properties occupied by residents of businesses do not face unnecessary financial hardship due to strict maintenance standards. 3) Recommend the Town purchase and maintain the property in effort to preserve the heritage values of the building and protect it from demolition by neglect. Some municipalities have made efforts to protect certain at risk heritage properties by purchasing and providing for ongoing maintenance and/or restoration of the building. An example from right here in Cobourg, is the Town s recent purchase of the old Park Theatre. A request from various community groups called on the Town to buy the property with the intent to secure it, determine the feasibility of restoring the building and transform it into a multi-use 5
facility. This option would require considerable effort to coordinate support from local community groups, which is beyond the scope of the Cobourg Heritage Advisory Committee and is therefore not the recommended option. CONCLUSION At this time the Town has the applicable powers to enforce the maintenance and preservation of the heritage attributes through the current Property Standards By-law. The designation Bylaw for 411 King Street East lists all of the historically significant elements which provides reasonable grounds to enforce the property standards by-law without further amendments. Although the property owner has ignored previous orders to comply with the by-law, the Town does and should use the option of laying charges against the owner. The current property standards by-law allows a penalty upon conviction of up to $25,000 for a first offence, to not more than $50,000 for a subsequent offence. Therefore, staff recommends the Town use its current powers as set out in the Property Standards By-law (By-law #18-99) and amendments (By-law #078-2006) in an attempt to preserve the significant heritage attributes of 411 King Street East prior to exploring alternative by-law amendments or purchase of the property. Title: Signing Official: Signature: Date: Planner I, Heritage A. Warren Manager of Planning Services R. Franklin MCIP, RPP Director of Planning & Development G. McGlashon, MCIP, RPP 6