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Planning and Building Department TO: Development and Infrastructure Committee

SUBJECT: Report Regarding Request for Removal from the Municipal Register for the Demolition of 504 Indian Rd.

Report Number: PB-34-13 File Number(s): 501-06.6

Report Date: March 25, 2013 Ward(s) Affected: 1 2 3 4 5 6 All

Date to Committee: April 15, 2013 Date to Council: April 29, 2013

Recommendation: THAT the owner’s request to remove 504 Indian Rd from the Municipal Register for demolition be denied; and THAT Council state its intention to designate the property at 504 Indian Rd, Burlington, pursuant to Part IV of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18, section 29; and THAT if there are no objections to the statement of intention to designate in accordance with Section 29(6) of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18, the City Clerk be authorized to present the designation by-law to Council designating the property at 504 Indian Rd, Burlington, pursuant to Part IV of the Ontario Heritage Act; and THAT if there are any objections in accordance with Section 29(7) of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18, to the statement of intention to designate 504 Indian Rd, Burlington, the City Clerk be authorized and directed to take the necessary action.

Purpose: Address goal or action in strategic plan Establish new or revised policy or service standard Respond to legislation Respond to staff direction Address other area of responsibility

The purpose of this report is to advise Council that the owner of 504 Indian Rd has requested that the property be removed from the Municipal Register (as a non-designated property) to facilitate future demolition of the structure. Further, the report outlines the

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cultural heritage value of the property and, based on this value, recommends that Council state an intention to designate the property pursuant to Part IV of the Ontario Heritage Act.

Reference to Strategic Plan:

Vibrant Neighbourhoods Prosperity Excellence in Government N/A

The use of the Municipal Register and heritage designation as a heritage conservation planning tool is consistent with the City’s Strategic Plan, “Burlington, Our Future”, and specifically, with the following goal statement: “Strengthen the balance of arts, culture and sport to build economic prosperity and quality of life” (2.1.e).

Background: Staff has received a demolition pre-permit clearance application for the subject property. As the property is listed on the city’s Municipal Register, the owner and applicant were advised that in order to facilitate the demolition of the dwelling on the property, the property must first be removed from the city’s Municipal Register. In accordance with the Ontario Heritage Act, a 60 day review period applies once notice of intent to demolish is received. The request was received on March 4, 2013, which is considered “Day 1” of the 60 day review period. Therefore, Council must render a decision prior to May 2, 2013. After the 60 day review period, if a demolition application is received, a demolition permit must be granted as per the requirements of the Building Code Act, if the property is not designated. A property cannot languish on the Municipal Register once an intention to demolish has been received. Council must make a decision as to whether to designate the property pursuant to the Act in order to protect it from demolition or to remove the property from the Municipal Register to allow its demolition. Staff and members of Heritage Burlington were granted access to the exterior of the property and interior of the dwelling on March 11, 2013, to conduct an assessment of the property’s cultural heritage value. Both Heritage Burlington and Staff’s review and recommendations regarding the request for demolition are outlined below. The subject property was given an “A” grade when it was evaluated by Heritage Burlington in 1997 and later re-evaluated with the same grade in 2003.

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Discussion: This report outlines the cultural heritage value of the property at 504 Indian Road and, based on this value, recommends that Council state an intention to designate the property pursuant to Part IV of the Ontario Heritage Act.

Location Sketch:

Air Photo (2011)

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Photos of 504 Indian Rd (2006)

Current Photos (2013) Image 1: Front (Bay) Elevation

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Image 2: Rear (Indian Rd) Elevation

Image 3: Side (North) Elevation

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Image 4: Side (South) Elevation

Cultural Heritage Value of 504 Indian Road

Statement of Significance:

504 Indian Rd - PLAN 236 PT LOTS 3,4 RP 20R17532 PARTS 1,2 Description of Historic Place 504 Indian Road is located on the west side of Indian Road, south of North Shore Boulevard East and west of the Queen Elizabeth Highway and North Shore Boulevard interchange. The property supports a one-and-a-half storey residential structure built circa 1908 which originally fronted on to McMIllans Lane overlooking Burlington Bay. Statement of Cultural Heritage Value: The cultural heritage value of 504 Indian Road resides in its physical/design value, its historical/associative value and its contextual value.

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Design or Physical Value: The dwelling at 504 Indian Road is example of a cottage-style summer residence in the early 1900s. The dwelling is one of five summer houses built with the intention to be rented to wealthy American families attracted by the former Brant Inn. The frame dwelling was constructed in the Arts and Crafts style with design elements from the Tudor style of architecture. The building has undergone some alterations both inside and out and has been converted over the years into a year-round residence. This is evident in the change in foundation composition in portions of the structure. The subject dwelling is one of two remaining cottage dwellings built on Indian Point. While the dwelling is currently oriented toward Indian Road, the original cottage would have been oriented towards the Bay. As such, the current Indian Road elevation is the original rear of the dwelling. The building is a one-and-a-half storey frame dwelling, with a medium-pitched cross gabled roof. The building’s roofline contains a number of dormer windows on the second floor. The roof features a large eaves overhang around the dwelling, with the exception of the rear elevation where a small modern addition was added to accommodate the house’s re-orientation onto Indian Road. The building’s form is a simple square with a small entrance vestibule (non-original) on the front elevation. Typical of many local examples of Arts and Crafts architecture, the subject house would have had a large porch spanning the front of the building. The remains of which can be seen in the stone pillar at the south west corner of the house and foundation/former staircase, visible on the front elevation. The porch area was subsequently converted into living space by the current owner. The same stone is also evident in the foundation of the original portion of the dwelling. The building is clad in cream or yellow coloured stucco, with brown wood trim, arranged in a Tudor style. The roof is clad in asphalt shingles and a brick chimney extends above the roof, however, is not noticeable along the south elevation. As noted, the house would have at one point featured a large front porch, but has since been covered. The fenestration on the front elevation differs from that of the rear of the house. On the front elevation, windows are grouped whereas on the rear, they are single windows. On the front elevation, six single pane 16 light windows frame the front dormer window on all sides, encased by the simple, flat brown trim used to articulate the Tudor style design. Similarly, nine light windows are used as transoms in the vestibule addition. On the front elevation of the vestibule, two single paned three-light windows are grouped. The other windows on the front elevation are modern replacements. The north elevation also contains leaded diamond-style windows and storm windows with more ornately trimmed sills. Most of the remaining windows, particularly on the Indian Road elevation, appear to be replacements. The current dwelling is situated on a portion of what was the original lot.

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Historical or Associative Value: The property is significant because it was associated with one of Burlington’s most prominent early developers, A.B. Coleman. The property has a long history – it was originally part of the 1798 Crown Grant to Joseph Brant. It then changed hands a number of times until 1892 when it was sold to Coleman. The property was part of Plan 99 (J.J. Filman’s 1897 Survey) until it was registered as a part of Plan 236 by Coleman in 1929. Coleman built the Brant Hotel in 1900, bringing many wealthy American tourists to Burlington. The Brant Hotel was, in its time, a luxury hotel with modern amenities including elevators, electric lights, sanitary plumbing and hot water heating. It was considered to be an ideal vacation spot. A few years later in 1908, Coleman built five large cottages along the bay (two remaining), one of which Coleman resided in with his wife Samena de Witt and family from 1917-1932 (490 Indian Road – other remaining cottage). In 1915, the area was identified as “Brant Park” and maps show five cottages as well as a six-hole golf course, six tennis courts (where the Davis Cup was once held) as well as a footbridge which crossed the “big gut” (now a diversion channel), connecting the area to the Brant Hotel. In 1929, Coleman transformed the area from a summer resort to a year-round residential community. Coleman’s summer cottages and their Arts and Crafts styling, the Indian Point gates and matching lamp posts were enhanced by the open landscaped character of the area and laid the foundation for the development of the remainder of this unique and enclosed neighbourhood. A.B. Coleman owned the properties (including the subject house) until his death in 1939 at which time the estate sold the homes and donated the internal roads to the city. A.B.Coleman is a renowned developer and builder who has had a significant impact on Burlington’s history and development. A. B. Coleman constructed the landmark Gingerbread House (located at 1375 Ontario Street) where he resided until he began his venture with the Brant Hotel. He also constructed other more modest dwellings including two others on Ontario Street (1290 and 1292 Ontario Street), 539 Hager Avenue and 415 Burlington Avenue (all but 1290 and 1292 Ontario Street are currently listed on Burlington’s Municipal Register). Lastly, in 1951, members of the Coleman family were given the opportunity to choose the names of the streets comprising the current Indian Point community – Indian Road, Mohawk Road, Algonquin Road and Iroquois Road. Coleman is also associated with other landmarks of Provincial significance including the University of Toronto’s Convocation Hall, Fort Erie’s race track as well as the Westimister Hospital in London and Shae’s Velodrome.

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Contextual Value: 504 Indian Road is significant because it exemplifies the character of the former summer community of Indian Point and the character for which this area is known for. The house is situated adjacent to the heritage designated Indian Point gates, another marker of the former character of this unique area. While the existing lot has been severed, the property retains some of the large areas of open space in the front and rear yards which is characteristic of Indian Point. This house is one of only two remaining summer residences built by A.B. Coleman in the 1900s on Indian Point. Similar to its counterpart, 490 Indian Road, both provide reference to the original situation of the properties where the lake views and access was maximized and access came from McMillan’s Lane. Lastly, in 1996, the Indian Point Gates were designated by the city pursuant to the Ontario Heritage Act to ensure their protection in perpetuity and to mark the significance of the community of Indian Point, indentified in the designating by-law to be “a residential community of great cultural significance to Burlington.” Character-Defining Elements or Heritage Attributes:

• Situation of the house (in its original location), proximity to the Indian Point gates • One of two remaining cottages in the original Indian Point community • 1 ½ storey Arts and Crafts style dwelling • Tudor style cladding – yellow/cream stucco and unadorned brown wood trim • Fenestration pattern on front elevation dormer, north elevation (diamond pattern

windows) • Fieldstone foundation • Gable roof, wide angle, overhanging eaves • Dormer windows on south, west and north elevations

Ontario Heritage Act and Ontario Regulation 9/06 – Criteria for Determining Cultural Heritage Value or Interest In assessing a property’s relative cultural heritage value, staff refers to Ontario Regulation 9/06 - Criteria for Determining Cultural Heritage Value or Interest. Ontario Regulation 9/06 outlines three main categories of cultural heritage value, further divided into nine sub-categories: 1. Design or Physical Value

i. Is a rare, unique, representative or early example of a style, type, expression, material or construction method,

ii. Displays a high degree of craftsmanship or artistic merit, or

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iii. Demonstrates a high degree of technical or scientific achievement. 2. Historical or Associative Value

i. Has direct associations with a theme, event, belief, person, activity, organization or institution that is significant to a community,

ii. Yields, or has the potential to yield, information that contributes to an understanding of a community or culture, or

iii. Demonstrates or reflects the work or ideas of an architect, artist, builder, designer or theorist who is significant to a community.

3. Contextual Value i. Is important in defining, maintaining or supporting the character of an area, ii. Is physically, functionally, visually or historically linked to its surroundings, or iii. Is a landmark.

Under Ontario Regulation 9/06, should the property satisfy at least one of the above criteria, it can be considered eligible for designation under Part IV of the Act. Staff is of the opinion that the cultural heritage value of 504 Indian Road resides in its design value, its historical value and its contextual value. Specifically, the following Ontario Regulation 9/06 criteria are satisfied:

1. The property has design value or physical value because it, i. Is a rare, unique, representative or early example of a style, type,

expression, material or construction method The property is a representative example of an Arts and Crafts style summer style residence constructed to serve American tourists being drawn to Burlington by the Brant Hotel.

2. The property has historical or associative value because it, i. Has direct associations with a theme, event, belief, person, activity,

organization or institution that is significant to a community. ii. Yields, or has the potential to yield, information that contributes to

an understanding of a community or culture, or iii. Demonstrates or reflects the work or ideas of an architect, artist,

builder, designer or theorist who is significant to a community. Staff is of the opinion that the property satisfies Ontario Regulation 9/06 with regard to historical or associative value because it has associations with A. B. Coleman, one of Burlington’s most prominent developers and builders. A.B. Coleman is also associated with significant buildings provincially including Convocation Hall at the University of Toronto. Further, it contributes to an understanding of the former resort area and the evolution of Indian Point as a whole.

3. The property has contextual value because it,

i. Is important in defining, maintaining or supporting the character of an area,

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ii. Is physically, functionally, visually or historically linked to its surroundings,

Staff is of the opinion that the property satisfies Ontario Regulation 9/06 with regard to contextual value because it is important in defining and supporting the character of the Indian Point and its former use as a summer vacation spot. The property is physically and historically linked to its surroundings and the development of Burlington as evidenced in its original orientation and design. For the reasons outlined above, it is staff’s opinion that the property merits designation pursuant to Part IV of the Ontario Heritage Act. Burlington’s Official Plan also contains a number of policies related to the conservation of cultural heritage resources. Part II, Section 8 of the Plan requires that, “the city shall protect, improve and manage its cultural heritage resources in a manner that furthers the heritage objectives of this Plan and sets an example of leadership for the community in the conservation of cultural heritage resources. Cultural heritage conservation planning shall be an integral part of the land use planning process in the City of Burlington” (8.1.1 a). Further, the Official Plan requires that “The designation of individual cultural heritage properties and cultural heritage landscapes under the provisions of the Ontario Heritage Act shall be pursued to implement the cultural heritage conservation objectives and policies of this Plan” (Section 8.3.4 a)). These policies are consistent with provincial policy directions related to heritage. Based on the site visit and discussion with the owners, staff is aware that the house and property have undergone various alterations and renovations using modern materials both on the inside and outside. Staff does acknowledge that the dwelling has been converted from its original purpose to meet today’s residential needs. Nevertheless, staff is of the opinion that despite the alterations, the property has retained much of its original character. Staff is well aware that there is currently much unease with heritage designation against an owner’s will. However, staff is assigned the task of reporting to Council about the application received, evaluating the property’s heritage value against the criteria as established by the Ontario Heritage Act, and making a recommendation on the application in accordance with approved processes. The loss of this property would mean a significant loss to the character of Indian Point and to the city and its residents. In addition, should this structure be demolished, the contextual relationship between the last remaining A.B. Coleman constructed summer residence, 490 Indian Road, would be affected. It also undermines the importance of the city designated Indian Point gates. Each heritage property that is lost incrementally undermines the city’s ability to understand and celebrate its past through tangible physical resources. The Lakehurst Villa formerly located along Lakeshore Road is a local example of the loss of a significant community resource.

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Staff recognizes that any home owner can make an application to demolish a property at any time, however in light of the current Character Area Study, currently underway for the Indian Point and Roseland neighbourhoods as a part of the Official Plan Review, staff finds that the application is premature. Every lost property in Indian Point will have an impact on the outcome of the Character Area study. Options Considered The subject property is included on the Municipal Register as a non-designated property. Council has two options in dealing with the demolition request:

i. State an intention to designate the property pursuant to Part IV of the Ontario Heritage Act; or

ii. Remove the property from the Municipal Register such that it can be demolished. Staff is of the opinion that the subject property merits designation under the Ontario Heritage Act, based on the criteria outlined in Ontario Regulation 9/06, for the reasons outlined above. Therefore, staff recommends that the property not be removed from the Municipal Register to facilitate demolition and that Council state its intention to designate the property. Public Consultation There was no public consultation concerning this report, however both Heritage Burlington and staff visited the property and met with both the current and prospective owners. This report was listed in the regular Development and Infrastructure Committee agenda. The owner was notified of staff’s recommendation to Council at least ten days prior to the meeting where the staff report was to be considered, in accordance with Council’s direction.

Financial Matters: There are no financial matters arising from staff’s recommendation to state an intention to designate 504 Indian Road. If, however, an objection to Council’s statement of intention to designate is received, costs associated with a Conservation Review Board hearing may ensue.

Environmental Matters: There are no environmental matters arising from staff’s recommendation.

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Communication Matters: Municipal Heritage Committee (Heritage Burlington) In accordance with Section 27(1.3) of the Ontario Heritage Act, Heritage Burlington has been notified of this request for removal from the Municipal Register. Heritage Burlington has both visited the property and met with the prospective and future property owners on site and at the March Heritage Burlington Meeting. Heritage Burlington recommends that the property be removed from the Municipal Register. Should Council prefer Heritage Burlington’s recommendation, staff recommends that Heritage Burlington be directed to pursue the “Suggestions” as outlined in their detailed comments contained in Appendix A. Notice Requirements Should Council accept staff’s recommendation to state its intention to designate 504 Indian Road, the Ontario Heritage Act (Section 29, 1.1) requires that notice of the intention be given to the City Clerk and that notice be served on the owner of the property; the Ontario Heritage Trust; and published in a newspaper having general circulation in the City. The notice must contain:

a) An adequate description of the property so that it may be readily ascertained; b) A statement explaining the cultural heritage value or interest of the property

and a description of the heritage attributes of the property; and c) A statement that notice of objection to the designation may be served on the

City Clerk within 30 days after the date of publication of the notice of intention in a newspaper of general circulation in the municipality.

Conclusion: Based on the cultural heritage value of 504 Indian Road, the property’s inclusion on the Municipal Register is justified and strongly recommended. Based on assessment of the property’s cultural heritage value relative to Ontario Regulation 9/06, the property is worthy of designation pursuant to Part IV of the Ontario Heritage Act. The property satisfies more than one of the required criteria as established in Ontario Regulation 9/06. Further, staff’s recommendation is consistent with provincial policy direction and the city’s Official Plan policies. Staff is of the opinion that the loss of this property will have a significant impact on the Indian Point neighbourhood and further depletes the rich heritage character of the City of Burlington. Further, staff is of the opinion that the proposed demolition is premature given the Character Area Study currently underway in the Indian Point neighbourhood. Therefore, staff recommends that the owner’s request to remove the property from the Municipal Register be denied and that Council state its intention to designate the property.

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Respectfully submitted, Jenna Puletto Planner I – Heritage & Development (905) 335-7600, ext. 7824

Approvals: *required

*Department

City Treasurer General Manager City Manager

To be completed by the Clerks Department Committee Disposition & Comments

01-Approved 02-Not Approved 03-Amended 04-Referred 06-Received & Filed 07-Withdrawn

Council Disposition & Comments

01-Approved 02-Not Approved 03-Amended 04-Referred 06-Received & Filed 07-Withdrawn

Appendices: A. Heritage Burlington Comments

Notifications: (after Council decision)

Name Mailing or E-mail Address

Joe Perrotta, TRU Custom Homes Planning to Provide

The Estate of Betty Dora Rosa Planning to Provide

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APPENDIX A: HERITAGE BURLINGTON COMMENTS

MEMORANDUM

To: Members of the Development and Infrastructure Committee

From: J.M. Clemens, Chair, Heritage Burlington

Date: March 25, 2013

Subject: Demolition Pre-Permit Clearance Application for 504 Indian Road, Burlington, ON.

To some degree 504 Indian Road satisfies the three criteria outlined in Ontario Regulation 9/06 made under the Ontario Heritage Act (2006).

1. Design or Physical Value

The dwelling is a one-and-a-half storey frame structure, clad with wood stucco with wood trim in a neo-Tudor Craftsman Style. The cross-gabled roof has a variety of treatment of the gable ends. The windows are grouped on the Bayshore side (originally the front of the house) and single on the other side.

2. Historical or Associative value

Probably 504 Indian Road best satisfies this criterion. Albert Brighan Young Coleman (A.B. Coleman), a prominent Burlington builder in the early twentieth-century, built this house along with three others along the Bayshore where Indian Road now runs. All of these dwellings were built to rent to wealthy Americans attracted as summer visitors to the Burlington beaches, the Brant Inn, and the favourable Lake Ontario summer climate. The son of the deceased owner indicated that many of these visitors lived on an Indian Road in Florida during the winter and migrated to Burlington’s Indian Road for the summer months. Thus A.B. Coleman and the houses that he built were part of Burlington’s early tourist industry.

3. Contextual Value

At one time the five Coleman houses were part of an Indian Road tourist environment. Now the original houses to both the south and north have been replaced by more modern houses. The owner of the Coleman house at 490 Indian Road has requested that this property be removed from the Municipal Register. If 504 and 490 Indian Road are removed and subsequently razed, only one Coleman house, 518 Indian Road remains in the area. Thus, little evidence of the A.B. Coleman tourist industry will remain.

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Recommendation

Despite having satisfied the evaluation criteria to a limited degree, Heritage Burlington recommends that 504 Indian Road be removed from the Municipal Register for the following reasons.

1. Substantial structural changes have been made to the house. Both a back and front entrance has been added. The porch on the Bayshore side first morphed into a sunroom, and was later incorporated into the house as a family room.

2. While the history of the area is important, little now remains that helps to tell the story of the original purpose of Indian Road.

3. The current owner will not agree to the designation of the house. Recommendation #7, approved by Council in October 2012, of A New Approach to Conserving Burlington’s Heritage states “Rare occasions may occur were a property is considered to be of such cultural value or interest and importance to the history of the City that a designation against the property owner’s wishes may have to be contemplated.” 504 Indian Road fails to meet this degree of cultural value or interest and important to the history of the City.

Suggestions

1. Encourage the new owner to donate significant architectural features, e.g. the leaded diamond windows, to the City for future use.

2. Encourage the new owner to share the cost of making a full visual record of both the dwelling and the surrounding property.

3. Encourage the new owner to share the cost of erecting a plaque on or near the entrance gates that describes the early tourist history of the Indian Point area.

Respectfully submitted,

____________________

James M. Clemens, Chair

Heritage Burlington