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REPORT TO COUNCIL

CITY OF KINGSTON

Report No.: 11-054

TO: Mayor and Council FROM: Cynthia Beach Commissioner, Sustainability and Growth RESOURCE STAFF: George Wallace Director, Planning and Development Department DATE OF MEETING: 2011-01-18 SUBJECT: Review of Application for Alteration under the Ontario Heritage Act 110 Montreal Street EXECUTIVE SUMMARY: On December 21, 2010, Council received Report No. 3 of the Kingston Municipal Heritage Committee (KMHC). Clause 2 of that report contained a recommendation regarding an ‘Application for Alteration under the Ontario Heritage Act’ (Application no. P18-656-152-2010, 110 Montreal Street). Council referred the matter back to staff for clarification on the facts and legislative context surrounding the application, which are provided within this report. The recommendation of KMHC is reproduced verbatim within the Options/Discussion section of this report. In accordance with the Ontario Heritage Act (OHA), a decision of Council is required within 95 days of the mailing of the ‘Notice of Receipt’. If this does not occur and the applicant and Council do not agree to extend the time, Section 33(5) states that ‘Council shall have been deemed to have consented to the application.’ Under the legislation, a decision by Council is required for application P18-656-152-2010 by January 21, 2011. Staff communicated with the property owner who indicated his agreement with the Committee recommendation. RECOMMENDATION: That Council render a decision regarding application P18-656-152-2010 for 110 Montreal Street at the January 18, 2011 meeting and that if the recommendation is to approve the application, the following wording be used in place of the KMHC recommendation, as pursuant to section 33(4)(a)(ii)), its framework has been revised to be more in keeping with the Ontario Heritage Act.

Approval of an application for the replacement of windows and approval for the repair of windows in the 1st, 2nd and 3rd storeys of the front elevation at 110 Montreal Street also known as Wellington Terrace

Council Meeting 04 January 18, 2011 46

REPORT TO COUNCIL Report No.: 11-054 2011-01-18 - -

THAT Application P18-656-152-2010 for a property located at 110 Montreal Street

• removal of existing windows on the basement level and installation of a standard double hung one-over-one wood or metal clad unit or inward swinging casements;

, also known as Wellington Terrace requesting approval for the replacement of windows in the 1st, 2nd and 3rd storeys of the front elevation BE APPROVED in accordance with details described within a submission filed October 1 and October 14, 2010, and deemed complete by the Planning and Development Department October 14, 2010; AND THAT suggestions provided within a report dated January 27, 2010, indicating necessary repairs will be undertaken as follows:

• retention of existing upper level casement windows with no additional glazing; • weatherproofing of the casement windows by adding a drip sill to the sash rails, repairing the

exterior jams or casings where required after removal of the aluminum storms, repairing the sills where necessary with new wood, adding bronze or foam weather-stripping to the jambs, ensuring weather tight closing of the existing sash bolts and adding mid-sash casement latches if required;

• construction of new full size wood frame screens with a vertical centre bar for support, with an option of full size wood storm sashes;

AND THAT new storm sash for the casements will be made where the glazed area reflects the dimensions of the glazed portion of the casements with the rabbet for the glass integral to the sash profile and constructed with mortice and tennon joints as illustrated within the application, and that a central vertical muntin in the storm sash reflects the width of the latch stiles of the interior casements and if a central horizontal muntin is needed, it matches the width and placement of those in the casements, and that sufficient storm sash air leakage be provided to prevent condensation between the windows.

AUTHORIZING SIGNATURES:

________________________________________ Cynthia Beach, P.Eng., MCIP, RPP, Commissioner, Sustainability and Growth _______________________________________ Gerard Hunt, Chief Administrative Officer

CONSULTATION WITH THE FOLLOWING COMMISSIONERS:

Lanie Hurdle, Community Services N/R

Denis Leger, Transportation, Properties & Emergency Services N/R

Jim Keech, President and CEO, Utilities Kingston N/R (N/R indicates consultation not required)

K:\Heritage\C11-Reports to Council, Boards and Committees\2011 Reports\Council Report 11-054_ 110 Montreal 10 01 11 (2).doc


caylesworth

Commissioner

caylesworth

CAO


OPTIONS/DISCUSSION:

• A total of five aluminum sliding storm windows on the second and third storeys, replaced by custom built wood storm windows that are to be exchanged with custom built wood-framed screens in warmer months

Background/Chronology of the Applications The property owner of 110 Montreal Street submitted an application for ‘Alteration under the Ontario Heritage Act’ (OHA) to the Planning and Development Department on October 1, 2010. The application was deemed complete by the Planning and Development Department on October 14, 2010. The application consisted of a proposal to replace one window, five storm windows and to complete upgrades to some casement windows. A break-down of the proposal is as follows:

• Replacement of a ground floor double hung window (with vertical security bars and aluminum storm/screen unit) with double hung one-over-one wood window

• All new windows are to be constructed of clear white pine and painted white • Existing in-swinging casement windows on second and third storeys to be retained with the following upgrades

o Drip sill added to sash rails o New weather stripping o Installation of the storm windows referenced above

The submission of the current application (P18-656-152-2010) was preceded by a site visit of the property on January 15, 2010. The site visit was attended by the property owner, staff of the Planning and Development Department, and two members of the Kingston Municipal Heritage Committee (KMHC). There was a previous application (P18-656-008-2010) that was deferred by KMHC at their meeting on January 11, 2010, to provide an opportunity for members of KMHC to view the property and to provide suggestions to the property owner. Members of KMHC prepared a site visit report (dated January 27, 2010), which was reviewed at the KMHC meeting held on February 1, 2010. The applicant withdrew the previous application and the minutes of the meeting indicate that the reason for the request was to allow the applicant time to incorporate the suggestions from the site visit into a new proposal. This request for withdrawal was accepted. As indicated above, a new application was submitted on October 1, 2010 requesting approval for alterations to the windows in accordance with the January 15, 2010 site visit and January 27, 2010 site visit report. The current application (P18-656-152-2010) was deferred by KMHC at their meeting held on November 1, 2010. The motion indicates that the deferral is ‘with the understanding that for further clarification, the owner will be contacted by members who attended a previous site visit.’ The application was included on the December 6, 2010 agenda of KMHC. This meeting produced the following motion which is currently before Council for consideration:

Denial of an application for the replacement of windows and approval for the repair of windows in the 1st, 2nd and 3rd storeys of the front elevation at 110 Montreal Street also known as Wellington Terrace THAT Application P18-656-152-2010 for a property located at 110 Montreal Street

• removal of existing windows on the basement level and installation of a standard double hung one-over-one wood or metal clad unit or inward swinging casements;

, also known as Wellington Terrace requesting approval for the replacement of windows in the 1st, 2nd and 3rd storeys of the front elevation BE DENIED in accordance with details described within a submission filed October 1 and October 14, 2010, and deemed complete by the Planning and Development Department October 14, 2010;

- and further -

THAT the repair of windows in the 1st, 2nd and 3rd storeys of the front elevation BE APPROVED with the understanding that suggestions provided within a report dated January 27, 2010, indicating necessary repairs will be undertaken as follows:



• retention of existing upper level casement windows with no additional glazing; • weatherproofing of the casement windows by adding a drip sill to the sash rails, repairing the exterior

jams or casings where required after removal of the aluminum storms, repairing the sills where necessary with new wood, adding bronze or foam weather-stripping to the jambs, ensuring weather tight closing of the existing sash bolts and adding mid-sash casement latches if required;

• construction of new full size wood frame screens with a vertical centre bar for support, with an option of full size wood storm sashes;

- and further -

THAT new storm sash for the casements will be made where the glazed area reflects the dimensions of the glazed portion of the casements with the rabbet for the glass integral to the sash profile and constructed with mortice and tennon joints as illustrated within the application, and that a central vertical muntin in the storm sash reflects the width of the latch stiles of the interior casements and if a central horizontal muntin is needed, it matches the width and placement of those in the casements, and that sufficient storm sash air leakage be provided to prevent condensation between the windows;

- and further -

WHERE Council refuses the application, the owner may, within thirty days after receipt of the notice under Subsection (4) of Section 33 of the Ontario Heritage Act, apply to Council for a hearing before the Conservation Review Board;

- and further - THAT applications requesting a hearing before the Conservation Review Board may be filed with the office of the Clerk of the City of Kingston, 216 Ontario Street, Kingston, ON K7L 2Z3 within 30 days of the receipt of this notice.

A chronology of the two applications has been included in this report as Exhibit ‘A’. As further detail to this chronology, an excerpt of the KMHC meeting minutes pertaining to the two applications has been included as Exhibit ‘B’. It is noted that at the time of finalizing this report, the minutes from the December 6, 2010 meeting are unconfirmed, but are expected to be confirmed by KMHC prior to the January 18, 2011 meeting of Council. A copy of the application submission provided by the property owner (including a copy of the January 15, 2010 KMHC site visit report) has been included as Exhibit ‘C’. The summary of staff comments and recommendations that were included in both the November 1 and December 6 KMHC agenda has been included as Exhibit ‘D’. Through correspondence that occurred subsequent to the Council deferral, the property owner has reviewed the KMHC motion and has indicated to Planning and Development Department staff that he is satisfied with the recommendation that is currently before Council. The OHA requires a municipality to render a decision on applications (e.g. Application for Alteration) within 95 days of mailing a notice of receipt to the applicant. If this does not occur and the applicant and Council do not agree to extend the time, Section 33(5) states that ‘Council shall have been deemed to have consented to the application.’ Under the legislation, a decision by Council is required for application P18-656-152-2010 by January 21, 2011.

i. The recommendation from the Heritage Committee was not in a form provided for under the OHA; and

Legislative Context There are two legislative issues which arise in relation to the application before Council related to alterations at 110 Montreal Street:

ii. The recommendation did not directly indicate how the applicable provisions of the OHA were applied.



The application before Council was received under section 33 of the OHA. Under that sub-section 33(4), Council has three options upon its consideration of an application: consent, consent with terms and conditions or refuse. The recommendation received in this case from the Heritage Committee indicated that the application was to be “denied” though on further review of the full recommendation and minutes of the meeting of the Committee it became clear that the Committee had actually recommended the “denial” of the request set out in the application and the “approval” of new terms and conditions set out by the Committee and consented to by owner of the property. As a result, staff recommend that Council consent to the application on terms and conditions as is provided for by section 33(4)(a)(ii) of the OHA for the reasons set out in the balance of this report. The initial uncertainty as to the status of the application was furthered by the manner in which the applications of the property owner were received. The current practice of the Planning and Development Department is to require an ‘Application for Alteration under the Ontario Heritage Act’ for alterations to properties designated under Part IV of the OHA. Exceptions are made for those that fall within the Council endorsed definition of maintenance (or as defined within an OHA Designation By-law) for protected heritage properties. Staff of the Planning and Development Department have recently completed a review of 19 of the largest municipal heritage programs in Ontario. Of the19 municipalities, it was found that Kingston is the only municipality that has not implemented an initial screening process to rule out the requirement of an OHA application for changes that do not pertain to/or are not deemed to have an impact on the heritage attributes, as identified within the OHA Designation By-law. Accordingly, current best practice suggests that if an attribute is not identified under the designation By-law or there is no likely impact on a heritage attribute, the proposed alteration is considered outside municipal authority relating to OHA approvals. That best practice is consistent with the wording set out in section 33(1) of the OHA which states:

No owner of property designated under section 29 shall alter the property or permit the alteration of the property if the alteration is likely to affect the property’s heritage attributes, as set out in the description of the property’s heritage attributes that was required to be served and registered under subsection 29 (6) or (14), as the case may be, unless the owner applies to the council of the municipality in which the property is situate and receives consent in writing to the alteration.

Key elements of this legislated requirement are:

• Properties have been designated under Part IV of the OHA by the passage of a By-law. • The proposed alteration is “likely” to affect the property’s heritage attributes • The likely affected attributes are “set out” in the By-law.

In addition to the requirement that a By-law be in place in relation to the property, a plain reading of section 33(1) requires that an analysis be made to determine whether proposed alterations require an application to Council. An application would be required if the proposal relates to heritage attributes that have been “set out” and if those attributes are “likely” to be affected. In the present case, By-law 87-151 (Exhibit ‘E’’) applies to the subject property. Within the By-law, the reasons for designation are as follows:

Built in 1841 for Robert Jackson, this is the earliest large stone terrace in Kingston. Each dwelling is three bays wide with twin dormers on the front slope of the gable roof. A plain ashlar string course goes across the façade of the whole terrace. The fifth dwelling in dressed stone is an early addition to the four in the 1841 tender call. The lowering of the street where Montreal was opened through to Queen by 1875 revealed the high basement storeys and made necessary the stone retaining walls.



Staff have reviewed the application and confirms that alterations to windows includes that through the completion of works, the surrounding building fabric is likely to be affected. The reasons for designation set out in By-law - 87-151 include reference to a ‘large stone terrace’. As the windows come into direct contact with the stone (an identified ‘heritage attribute’ within the By-law), there is the likelihood that the changes being proposed would have an impact. As a result, a review by staff and Council (via KMHC) was deemed appropriate to ensure the avoidance of any negative impacts on the protected heritage attribute. The results of the staff review (Exhibit ‘C’) concluded that there were no built heritage concerns with respect to the application and the concluding recommendation to KMHC was that the application should be approved. Although not detailed within the staff summary, the reasons for this recommendation were as follows:

• staff concluded that there was no aspect of the proposal that indicated that the surrounding stone would be affected by the alterations, coupled with the notation in the KMHC site visit report that referenced substantial reconfiguration of the masonry opening of the ground floor window; and

• as the windows are not referenced within the reasons for designation for the subject property, staff did not provide any built heritage comments or recommendations on this aspect of the application.

In summary, this report has provided the factual and legislative context of the subject application, enabling Council to make a decision within its legislated time allotment. The requirement of an application for the proposed alterations is consistent with the Act, as was the staff recommendation. Furthermore, staff has received confirmation that the applicant consents to the terms and conditions put forward in the motion by KMHC. EXISTING POLICY/BY LAW: Ontario Heritage Act, R.S.O. 1990, c.O.18. (Ontario) Ontario Heritage Act Designation By-law 87-151 NOTICE PROVISIONS: N/A ACCESSIBILITY CONSIDERATIONS: Alternative formats of this report and the Exhibits are available on request. FINANCIAL CONSIDERATIONS: N/A CONTACTS: George Wallace, Director, Planning and Development Department 613-546-4291, ext. 3252 Marnie Venditti, Manager, Planning and Development Department 613-546-4291, ext. 3256 Marcus Létourneau, Heritage Planner, Planning and Development Department 613-546-4291 ext. 1386 Lindsay Lambert, Planner, Planning and Development Department 613-546-4291, ext. 2176



OTHER CITY OF KINGSTON STAFF CONSULTED: Alan McLeod, Senior Legal Counsel, Legal Services, Corporate Administrative Team EXHIBITS ATTACHED: Exhibit A - Chronology of the Applications – ‘Application for Alteration under the Ontario Heritage Act’, 110 Montreal St. Exhibit B - Excerpts from KMHC Minutes Regarding Applications P18-656-008-2010 and P18-656-152-2010, 110 Montreal St. Exhibit C - ‘Application for Alteration under the Ontario Heritage Act’– (P18-656-152-2010, 110 Montreal St.) Exhibit D - Summary of Staff Comments to KMHC - (P18-656-152-2010, 110 Montreal St.) Exhibit E’ - Ontario Heritage Act Designation By-law 87-151


Exhibit ‘A’

Chronology of the Applications – ‘Application for Alteration under the Ontario Heritage Act’, 110 Montreal St.

Date

Action

January 11, 2010 Application P18-656-008-2010 requesting alterations to windows is deferred to allow for a site visit by members of KMHC

January 15, 2010 Site Visit takes place involving the subject property owner, Planning and Development Department staff and 2 members of KMHC

February 1, 2010 Members who participated in the site visit present a report to summarize their findings and recommendations. KMHC accepts a request for the withdrawal of application P18-656-008-2010

October 1, 2010 Property owner submits a new ‘Application for Alteration under the Ontario Heritage Act’ for alterations to the windows, submission indicates that the proposal is consistent with the findings/recommendations of the KMHC site visit report

October 14, 2010 Application P18-656-152-2010 is deemed complete by Planning and Development staff

October 18, 2010 A ‘Notice of Receipt” letter is mailed to the property owner by the Planning and Development Department for application P18-656-152-2010 confirming that the application has been deemed complete and that it is scheduled to be considered at the next KMHC meeting on November 1, 2010

November 1, 2010 Application P18-656-152-2010 is deferred by KMHC (staff report recommended approval). The motion indicates that the deferral is ‘with the understanding that for further clarification, the owner will be contacted by members who attended a previous site visit.’

December 6, 2010 Application P18-656-152-2010 is recommended by KMHC to Council for denial with the approval of a modified application (conditions attached).

December 21, 2010 Application P18-656-152-2010is deferred by Council pending receipt of a staff information report outlining the ‘facts regarding legislation and policy which affect this application to enable a Council decision


Kingston Municipal Heritage Committee (K.M.H.C.lLAC .A.C.) EX III BIT B MEETING NO. 2010-02 Monday 11 January 2010 at 12:00 noon in the Council Chambers, City Hall

THA T consideration of Application P18~716-1 04~2009 for a property located at 273 Main Street Barriefield Village requesting approval for building a new home BE DENIED with the understanding that the decision is made in accordance with procedural requirements as further information is required.

CARRIED

v. Delegation regarding Application P18~025~007-2010 for a property located at 67 Brock Street requesting approval for the instaUation of an exterior sign with details described with in a submission filed December 10, 2009 and deemed complete by the Planning and Development Department December 10, 2009.

Schedule Pages 13-19.

Mr. Peter Finnegan, Branch Manager, BMO Nesbitt Burns Inc. advised that they had recently relocated from Bath Road and were currently occupying the first two floors of the building. He noted that the proposed fixed banner sign was chosen to minimally impact the building.

Pictures were reviewed which depicted before and after sign age beside the door. The required application process for aU signage was highlighted, as weU as concern expressed regarding how the signage was affixed. Mr. Finnegan advised that the old signs had been replaced by a sign company.

Questions included the height of the bottom of the banner sign, the location of the mast sign on Brock Street, and whether the original mast had been kept.

Moved by Mr. Duerkop Seconded by Mr. Cardwell

THA T Application P18-025~007 -2009 for a property located 67 Brock Street requesting approval for the installation of an exterior sign BE APPROVED in accordance with details described within a submission filed December 10, 2009 and deemed complete by the Planning and Development Department December 10, 2009,

- and further-THA T the sign brackets be affixed into the mortar joints in order to minimize damage to the brick surface.

CARRIED

vi. Delegation regarding Application P18~656-008-201 0 for a property located at 110 Montreal Street requesting approval for the replacement of six aluminum windows with wood 1~wide double hung windows with details described within a submission filed December 11, 2009 and deemed complete by the Planning and Development Department December 15, 2009.


Mr. Pratt, owner of the property, was present for the discussion.

A discussion took place regarding the existing windows with storm s put on the outside. Mr. Pratt described the inswinging casements and that the frames and actual casements are completely separate from the storms on the outside. Mr. Pratt advised that the inswinging casements are not original as the second floor had been destroyed by a fire at the property in the 1980's.

Mr. Pratt agreed to a site visit at the property to determine how to proceed.


Kingston Municipal Heritage Committee (K.MHCJlACAC.) MEETING NO. 2010-02 Monday 11 January 2010 at 12:00 noon in the Council Chambers, City Hall

Moved by Mr. Tay/or Seconded by Mr. Cardwell

p""",

THA T Application P18-656-008-2010 for a property located at 110 Montreal Street requesting approval for the replacement of six aluminum windows with wood 1-wide double hung windows BE DEFERRED to the February 2010 meeting with the understanding that a site visit will take place.

CARRIED

C, Heritage Permit Applications for Emergency Works requiring Reaffirmation

D. Pre-Consu ltation Requests

E. Heritage Property Grant Applications

F. Heritage Grant Applications Reguesting Release of Funding

i. Update regarding Heritage Property Grant Application HG-03-2009 for a property at 2 Beverley Street requesting final approval for the costs of work to be done regarding the restoration of original wood frame windows.

Schedule Pages 31 -35.

A resolution of Council on 21 April 2009 providing provisional approval was referenced.

Ms. Guy advised that a site visit to the property had been undertaken by herself and Mr. Letourneau.

Moved by Councillor Glover Seconded by Ms. Sypnowich

WHEREAS the owner of 2 Beverley Street has requested final approval for Heritage Grant Application HG-03-2oo9, and WHEREAS as per the requirements as per BY-Law No. 2005-258 'A By-Law to Establish a Heritage Grants Program : a site visit to review the completed works was completed, and THEREFORE BE IT RECOMMENDED THAT Heritage Property Grant HG-03-2009 for 2 Beverley Street BE APPROVED for the restoration of original wood frame windows,

- and further-THAT staff be authorized to issue a cheque for $2000.00 as per the process outlined in By-Law No. 2005-258 'A By-Law to Establish a Heritage Grants Program '.

CARRIED

ii. Update regarding Heritage Property Grant Application HG-011-2008 for a property at 46 Earl Street requesting final approval for the costs of work to be done regarding the repointing and repair of the 3rd Ooor area of the external stone wall, and the repair and replacement of two third Ooor windows.


A resolution of Council on 20 May 2008 provi~ing provisional approval was referenced.

Ms. Guy advised that a site visit to the property had been undertaken by herself and Mr. Letourneau.


Kingston Municipal Heritage Commi"ee (K.M.H.C.Il.A.C.A.C.) Page 4 MEETING NO. 2010-03 Monday 01 February 2010 at 12:00 noon in the Council Chambers, City Hall

c) Technical Circulations:

There are none at this time.

d) Designation Matters:

To a question by Mr. Gower regarding a proposed meeting for the 2312 Princess Street (Pleasant View property) regarding a Notice of Objection to a Nolice of Intention to Pass a By-law to Designate the property, Mr. Letourneau advised that it is projected that a meeting will be coordinated in the next couple of weeks.

I An update regarding 2312 Princess Street will be provided at the March meeting.

e) Site Visits

i. 110 Montreal Street - Application P18-656-008-2010 regarding the replacement of windows

A site visit for this property was conducted on 15th January. A discussion regarding this application is noted on page 9.

f) Status of Heritage Grant and Heritage Tax Applications :

Mr. Gower thanked Ms. Guy for her work in determining the status of outstanding Heritage Grant applications. He noted the importance of finalizing this process so that monies which had been allocated in past years and which were not required , could be allocated for grants in this year.

;. 2006 - 2008 Outstanding Heritage Grants:

A document describing the history and status of the applications was distributed separately.

Heritage Grant Application requiring Committee action on Iv

161 King Street East- HG-24-2006 (P18-185-2006)

It was noted that the grant application was not approved by Council, was deemed to be incomplete and having lapsed, thereby requiring a motion of the committee to formalize an action so that associated funds can be returned to the Heritage Reserve Fund.

Moved by Councillor Glover Seconded by Mr. Downey

WHEREAS Application HG-24-2006 for a properly located at 161 King Street East did not receive provisional approval from Council for a Heritage Property Grant; and

WHEREAS the application was deferred at the March and April 2006 meetings of the Kingston Municipal Heritage Committee, and a works Order was closed on 20 June 2006;

THEREFORE BE IT RESOLVED THAT application HG-24-2006 be denied, thereby releasing the associated funds, and returning the funds to the Heritage Reserve Fund.

CARRIED


Kingston Municipal Heritage Committee (K.M.H.C.lL.A.C.A.C.) MEETING NO. 2010'()3 Monday 01 February 2010 at 12:00 noon in the Counci t Chambers, City Hall

Moved by Councillor Glover Seconded by Mr. Downey

Page 9

THAT Application P1B·172·010·2010 for a property located at 1 King Street East known as Newlands Pavilion in Macdonald Park requesting approval for restoration of a bronze plated lion statue at Macdonald Park BE APPROVED in accordance with details described within a submission filed January 04, 2010 and deemed complete by the Planning and Development Department January 11 , 2010,

. and further-

THA T in the event that deeply buried or previously undiscovered archaeological deposits are discovered in the course of development or site alteration, all work must immediately cease and the site must be secured. The Cultural Program Branch of the Ministry of Culture (416·314·7123) and the City of Kingston Heritage Planner (613·546·4291 ext 1386) must be immediately contacted,

• and further-THA T in the event that human remains are encountered, all work must immediately cease and the site must be secured. The Kingston Police (613·549·4660) , the Registrar of Cemeteries Regulation Section of the Ontario Ministry of Consumer BUSiness Services (416·326·8494), the Cultural Program Branch of the Ministry of Culture (416-314-7123), and the City of Kingston Heritage Planner (613· 546-4291 ext 1386) must be immediately contacted,

- and further-THA T the Kingston Municipal Heritage Committee request that Mr. John Duerkop work with staff to review the wording of the plaque.

CARRIED

ii. Delegation regarding Application P1S-656-00S-20 1 0 for a property located at 110 Montreal Street requesting approval for the replacement of six aluminum windows with wood 1-wide double hung windows with details described within a submission filed December 11, 2009 and deemed complete by the Planning and Development Department December 15, 2009.

A recommendation by the Committee in January 2010 to defer the application was noted.

A site visit took place on Friday 151h January .

The appl icant requested that the application be withdrawn. A new submission will be made taking into account the discussion during the site visit.

An email submitted by the owner was noted which indicated that based on comments by members during the site visit, the owner decided to withdraw the application and submit a new one which would be consistent with the discussion. The suggested option of retaining the inswinging casements and fitting them with a new exterior frame with an interchangeable storm sash/screen system had not been previously considered.

Mr. Cardwell summarized the visit he and Mr. Taylor had made to the property.

To a question by Ms. Sypnowich regardi ng a procedure for site visits, Mr. Gower noted that in the last year more detailed reporting had taken place. A discussion took place regarding the importance of visits, and in particular the regularity of consideration of windows which necessitate site visits by the Committee.


Kingston Municipal Heritage Committee (K.M .H.C.lLAC.A.C.) Page 10 MEETING NO. 2010"()3 Monday 01 February 2010 at 12:00 noon .in the Council Chamlxlrs, City Hall

Ms. Finley added that often storm windows are treated as a secondary feature when they are important. She noted that in this case, the work done at this property can influence future wor1c; on the rest of the buildin

Moved by Mr. Cardwell Seconded by Mr. Taylor

WHEREAS Application P18-656-008-2010 for a property located at 110 Montreal Street requesting approval for the replacement of six aluminum windows with wood 1-wide double hung windows was considered by the Kingston Municipal Heritage Committee on 11 January 2010, and

WHEREAS a decision was deferred to the February 2010 meeting pending a site visit in January 2010, and

WHEREAS at the February meeting, it was noted that the applicant requested that the application be withdrawn and that a new application will be submitted further to the information determined and comments provided during the site visit,

THEREFORE BE IT RESOLVED THAT Application P18-656-008-2010 fora properly located at 110 Montreal Street requesting approval for the replacement of six aluminum windows with wood 1-wide double hung windows be withdrawn.

CARRIED

iii. pelegation regarding Application P16-420-005-2010 for a property located at 215 Main Street. Barriefield Village requesting approval for the replacement of windows with details described within a submission filed November 19. 2009 and deemed complete by the Planning and Development Department November 25, 2009.

This application was deferred at the December and January meetings for a site visit and further discussion. The application was attached to the December agenda as schedule pages 52-75.

The applicant requested that the application be withdrawn. A motion will be required.

A recommendation of the Committee January 2010 to defer the application was noted.


WHEREAS Application P18-420-005-2010 for a property located at 215 Main Street Barriefield Village requesting approval for the replacement of windows was considered by the Kingston Municipal Heritage Committee on of!' December 2009, and

WHEREAS a decision was deferred at the December and January meetings pending a site visit and further discussion, and

WHEREAS at the February meeting, it was noted that the appficant requested that the application be withdrawn,

THEREFORE BE fT RESOLVED THAT Application P18-420·005-2010 for a property located at 215 Main Street Barriefield Vii/age requesting approval for the replacement of windows be withdrawn.

CARRIED

iv. Delegation regarding Application P16-059-009-2010 for a property located at 70-72 Barrie Street requesting approval for the creation of a temporary construction access and temporary removal of


Kingston Municipal Heritage Committee (KM.H,C.lLACAC.) Page 10 MEETING NO. 2010-13 Monday01 "' November 2010 at 12:00 noon in the Council Chambers, City Hall

Moved by Mr. Taylor Seconded by Mr. Downey

THA T Application P1 8-056-142-2010 for a property located at 18 Barrie Street requesting approval for the installation of a sculpture on the front lawn BE APPROVED in accordance with details described within a submission filed September 1th and October 15th

, 2010 and deemed complete by the Planning and Development Department October 15th

, 2010, - and further-

1) In the event that deeply buried or previously undiscovered archaeological deposits are discovered in the course of development or site alteration, all work must immediately cease and the site must be secured. The Cultural Program Branch of the Ministry of Tourism and Culture (416-314-7123) and the City of Kingston Heritage Planner (613-546-4291 ext 1386) must be immediately contacted.

2) In the event that human remains are encountered, all work must immediately cease and the site must be secured. The Kingston Police (613-549-4660) , the Registrar of Cemeteries Regulation Section of the Ontario Ministry of Consumer Business Services (416-326-8494), the Cultural Program Branch of the Ministry of Tourism and Culture (416-314-7123), and the City of Kingston Heritage Planner (613-546-4291 ext 1386) must be immediately contacted.

CARRIED

iv. Discussion regarding Application P18-656-152-201 0 for a property located at 110 Montreal Street also known as Wellington Terrace requesting approval for the replacement of windows in the 151

, 2nd and 3'd storeYts of the front elevation with details described within a submission filed October 1st & October 14 1

.., 2010 and deemed complete by the Planning and Development Department October 14th

, 2010.

It was agreed that the application be deferred to the next meeting.

Moved by Mr. Cardwell Seconded by Mr. Downey

Schedule - Pages 36-50.

THAT Application P18-656-152-2010 for a property located at 110 Montreal Street also known as Wellington Terrace requesting approval for the replacement of windows in the 1s1

, -r' and ~ storeys of the front elevation BE DEFERRED to the Ofr December 2010 meeting with the understanding that for further clarification, the owner will be contacted by members who attended a previous site visit.

CARRIED

v. Delegation regarding Appli cation P18-085-155-20 1 0 for a property located at 227 Brock Street requesting approval for the replacement of 40 windows and 8 french doors with details described within a submission filed October 1st & October 14th

, 2010. Schedule - Pages 51-69.

Staff comments were attached to the addendum.

Mr. Downey declared a possible pecun iary interest and left the discussion.

Present were Mr. Imtiaz Moloo and Ms. Nina Moloo, owners of the property, together with Ms. Mikaela Hughes, Hughes Downey Architects who provided an overview of the project. A copy of the presentation is attached to the record. Photos were circulated.


i.

Kingston Muniopal Heritage Committee (K.M.H.C.) Page 6 MEETING NO. 2011-01 Monday 06'" December 2010 at 12:00 noon In the Council Chambers, City Hall

B.

Moved by Mr. Duerkop Seconded by Ms. Sypnowich

WHEREAS Section 29 of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18 authorizes the Council of a Municipality to enact By-laws to designate real property, including all buildings and structures thereon, to be of cultural heritage value or interest; AND WHEREAS when the Council of a municipality has appointed a Municipal Heritage Committee, the Council shall, before giving notice of its intention to designate a property, consult with its Municipal Heritage Committee; AND WHEREAS a community request was received by the Kingston Municipal Heritage Committee to review the property for possible designation under Part IV the Ontario Heritage Act; AND WHEREAS Council has adopted the "Guideline and Inventory Evaluation Form for Individual Properties of Cultural Heritage Value or Interest" for evaluating properties to determine cultural heritage value; AND WHEREAS a completed uGuideline and Inventory Evaluation Form for Individual Properties of Cultural Heritage Value or Interest " was commissioned and completed by Dr. Jennifer McKendry, which recommended designation under Part IV of the Ontario Heritage Act; AND WHEREAS the property has already been identified to have cultural heritage value through the Old Sydenham Heritage Conservation District project and has been added to the City's Heritage Properties Register under Section 27 of the Ontario Heritage Act;

AND THEREFORE, it is recommended to Council:

THA T Council serve Notice of Intention to Designate under the Ontario Heritage Act for the property loealed at 91 Earl Street (PLAN OS W PT LOT 237 RP;13R5418 PARTS 1 AND 2); AND THA T the description of the property on the City of Kingston Heritage Properties Register be amended to reflect the new status of the property in accordance with the requirements of the Ontario Heritage Act; AND THAT as required within Section 67 of the Ontario Heritage Act, the Clerk of the Municipality shall serve a copy of the Notice of Intention to Designate, attached hereto as Schedule ~', on the owner of the property and on the Ontario Heritage Trust by Registered Mail and that this Notice shall include: an adequate description of the property so that it may be readily ascertained; a statement explaining the cultural heritage value or interest of the property and a description of the heritage attributes of the property; and a statement that Notice of Objection to the designation may be served on the Clerk within 30 days after the date of publication of the Notice of Intention in a newspaper of general circulation in the municipality; AND THA T as required under the Ontario Heritage Act, the Clerk of the municipality shall ensure that Notice is published in a newspaper having general circulation in the municipality and that this Notice shall include: an adequate description of the property so that it may be readily ascertained; a statement explaining the cultural heritage value or interest of the property; a statement that further information respecting the proposed amendments is available from the municipality; and a statement that Notice of Objection to the designation may be served on the Clerk within 30 days after the date of publication of the Notice of Intention in a newspaper of general circulation in the municipality.

CARRIED

Heritage Permit Applications Requesting Approval

Discussion regarding Application P18-656-152-201 0 for a property located at 110 Montreal Street also known as Wellington Terrace requesting approval for the replacemenl of windows in the 1

s\

2nd and 3rd store~s of the front elevation with details described within a submission filed October 151 & October 14 h, 2010 and deemed complete by the Planning and Development Departmenl October 14th

, 2010.

Schedule pages were attached to the November agenda as pages 36-50. This application was deferred at the November meeting for further clarification by members who had attended a previous site visit.


Kingston Municipal Heritage Committee (KM.H.C.) Page 7 MEETING NO. 2011-01 Monday 06'" December 2010 at 12:00 noon in the Council Chambers, City Hall

Staff Comments were attached to the addendum as Schedule Pages 8-9.

A site visit report from January was referenced , and further clarification following discussions with the owner was provided by Mr, Cardwell and Mr. Taylor. It was noted that the owners intention was to follow through with the repairs and weatherproofing originally suggested in the report and in addition, to have new storm sash made. It was noted that discussions had taken place with the owner regarding construction of the windows to reflect the dimensions of the interior casements and that the rabbet for the glass would be integral to the profile and morticed and tennoned together as he had illustrated. Mr. Cardwell described the requirements for building the sash, highlighting that any storm sash provides sufficient air leakage to prevent condensation .

Mr. Pratt confirmed that he has taken the advice offered by members and plans to proceed in this way. He agreed that the sash would be vertical in order to be consistent with the casements on the inside of the window.

Mr. Gower noted staff comments.


THAT Application P18-656-152-2010 for a property located at 110 Montreal Street also known as Welfington Terrace requesting approval for the replacement of windows in the 1s1

, ;t>d and :fd

storeys of the front elevation BE DENIED in accordance with details described' within a submission filed October 1st & October 14th

, 2010 and deemed complete by the Planning and Development Department October 14th

, 2010, and further -

THAT the repair of windows in the 1st, ~ and :r storeys of the front elevation BE APPROVED

with the understanding that suggestions provided within a report dated 21f1 January 2010 indicating repairs will be undertaken as follows: • removal of existing windows on the basement level and installation of a standard double hung

one-over-one wood or metal clad unit or inward swinging casements • retention of existing upper level casement windows with no additional glazing • weatherproofing of the casement windows by adding a drip sill to the sash rails, repairing the

exterior jams or casings where required after removal of the aluminum storms, repairing the sills where necessary with new wood, adding bronze or foam weather-stripping to the jambs, ensuring weather tight closing of the existing sash bolts and adding mid-sash casement latches if required,

• construction of new full size wood frame screens with a vertical centre bar for support, with an option of full size wood storm sashes,

and further -THAT new storm sash for the casements will be made where the glazed area reflects the

dimensions of the glazed portion of the casements with the rabbet for the glass integral to the sash profile and constructed with mortice and tennon joints as illustrated within the application, and that a central vertical muntin in the storm sash reflects the width of the latch stiles of the interior casements and if a central horizontal muntin is needed, it matches the width and placement of those in the casements, and that sufficient storm sash air leakage be provided to prevent condensation between the windows,

- and further -WHERE Council refuses the application, the owner may, within thirty days after rece ipt of the notice under Subsection (4) of Section 33 of the Ontario Heritage Act, apply to Council for a hearing before the Conservation Review Board;

- and further -THAT applications requesting a hearing before the Conservation Review Board may be filed with the office of the Clerk of the City of Kingston, 216 Ontario Street, Kingston, ON KlL 2Z3 within 30 days of the receipt of this notice.

CARRIED


RECEIVED

t)£f.IlEO c()IA~ . OII,--_______ EXHIBIT C

The Corporation of th. n Planning & Developlll t'IIL U l: fJ<::I1 U Iitlilt

Sustainabilily and Growth 216 Ontario Street

Kingston , Ontario K7L 2Z3 Phone 613·546-4291 , Ext. 3180

Fax 613-542-9965

Located a t: 1211 John Counter Boulevard

APPLICATION FOR A HERITAGE PERMIT UNDER THE ONTARIO HERITAGE ACT

THE ACCURACY AND COMPLETENESS OF THIS APPLICATION IS THE RESPONSIBILITY OF THE APPLICANT. FAILURE TO COMPLETE THE APPLICATION MA Y RESULT IN

DELAYS.

DATe FlLW'--{,I(;.'f'.+jI-+.LL __ _ APPLICATlmd'iO PfR- ('S(, - /Sl.- 2-0(0

The undersigned hereby ap lies to the Kingston Municipal Heritage Comminee (LACAC) of the Corporation of the City of Kingston pursuant to Section 34 and 42 of the Ontar io Heritage Act, RSD 1990, c.18 for alteration or addition as described in this application.

1. NAME OF OWNER ;..bJ~ I~Veew ~

2.

ADDRESSOFOWNER~\~\~O~~YVl~O~t-I~-ItL~=€~~~~~~S~--~, . ____ __

POSTAL COD · :::;\(..~g TELEPHONENO . Lg\'!Z -33\-3i~'

EMAIL, PV4 t\-<:e ck "-'\· qUeeM>u . Cex. , , LOCATION OF PROPERTY:

CIVIC ADDRESS _-"cC\O"-_IM=o=~c.:..:=c::L-=-...;S.=-,,I,-, _____ _

LOTNO. and REGISTERED PLAN NO.'POS P-r 1.-0/ ltl2 R. W i$ '2c;2

ASSESSMENT ROLL NO. I 0 t \ O?P o=to \1 300 OQOO

3. NAME OF AGENT (IF ANY) ______________ _

ADDRESS ____________________________________ __

POSTAL CODE ______ TELEPHONE NO. ________ __

4. BRIEF DESCRIPTION OF WORK TO BE UNDERTAKEN ~

~I ?ce- w;"dowc .. In hr1M.+ de\ja htJ1..!{4(€of$I - ~) The Bu ilding is : Request to:

_ proposed demolish

X existing remove

Notice of Collection

-X alter

Municipal Freedom of lnfomurtion and Protection of PfnOnal Privacy Act Personal r.iorrnzt:on ~ed at t:'lis heai'lg :S coIieaec' u009f the auttoit). of !he Planning Ad.. RS.O. 1m as am9'lded, and WIll be used 10 ass st in making a decision 0;1 ,"is matlet. AI r.aTIeS, addresses, o;inions a1d comments . be made avarlable for public d!sclosure. OLoestions regardiflg ttlis COllection shoulo be furwa"ded 10 the Mansger, Planning & Development DepMmenl The City of Ki~ston , 216 Ontario Street. Kingston, Omario, K7l2Z3, telephone (613) 546-4281 . Ext3256.


City of Kingston Application for Alteration or Addition to a Designated Property 2

dsscriptlon all work to be approved by the Kingston description should complement photos. drawings, detailed

i and any submitted with the application. Please complete the ~'~~:~~~~~~~~~r{~!~~ description on any standard 8 1/2 x 11 paper, either by computer or other means, but in any case in a legible manner and attach to the application.

6. Along sketCh

Drawings to scale indicating the existing building must include: 1. overall dimensions; 2. specific sizes 01 building elements (signs, windows, awnings. etc ); 3. detail inlOlT1'lation induding trim, siding, moldings, etc. induding sizes and profiles: 4. electrical/mechanical information, If applicable: 5. materials to be used (tna5S must also be included In the written description of the project)

but should be noted on drawings to indicate their location: and 6. construction methods and means of attachment (these must be inCluded in the written

description of the proJect).

7. PHOTOGRAPHS Photographs of the building including general photos of the property, the streetscape in which the property is located, the facing streetscape, and , If the property Is located at an Intersection, all lour corners. Photos of the specific areas that may be affected by ths proposed change or alteration must be included.

8. PROFESSIONAL ASSISTANCE Although it is not a requirement to obtain profeSSIonal assistance in the preparation of this information, the applicant may wish to seek such assistance from an arChitect, architectural technologist, preservation specialist, or others familiar with the unique requirements of deSIgnated heritage buildings.

9. BUILDING CODES AND BY-LAWS It is the applicant's rospons ibility to address issues relating to public safety and correct building practices and by-law regulations.

10. OTHER APPLICATIONS 0 0 you have any concurrent applica tions (Le. Committee of Adjustment)? YES

II YES , Please Ust __________ ____ _____________ _

11. To Be Completed By City Staff ~ DESIGNATED PROPERTY ~ NO LISTED PROPERTY YES DESIGNA TlNG BY-LAW NO. ({:J -I S" I ~ Property Listing in ;Jr9S of Archirectura/ and Historical Sipnmcance VOLUME: PAGE NO. (50

HERITAGE DISTRICT 11.(t:(

~_04&--\~: ) 2~ A ( IAr.

SIGNATURE OF OWNER(S) SIGNATURE OF AGENT Please print name legibly under signature.

If the application is signed by an agent, the owner's written authorization for the agent to act, must accompany this application.

May 25, 2009


Written Description

We request approval for the replacement of the five 1970s era aluminum sliding stonn windows on the second and third floors of the front elevation of 110 Montreal St. with custom built wood slonn windows that can be exchanged for custom built wood-framed screens in the wanner months. The frames of the slorm windows and screens will be constructed of clear white pine, and will be painted white.

Drawings of the frames are anached here as prepared by Sean Gorman of Canadian Heritage Carpentry.

We also request approval for the removal of the ground floor double hung window with vertical security bars and aluminum stann/screen unit, and the installation of a new double hung one-over-one wood window constructed of clear white pine and painted white.

These requests arc made in accordance with the recommendation of the KMHC, following a site visit on January 15,2010 by Katrina Guy, Bob Cardwell and Don Taylor. The report on the site vis it, prepared by Bob Cardwell and presented at the February I, 20 10 KMHC meeting, is attached.

As suggested by the site visit team, the in-swinging casement windows on the second and third floor will be retained, a drip sill wi ll be added to the sash rails and new weatherstripping installed, to ensure that the windows are properly weatherproofed in addition to the installation of the storm windows.

The dimensions of the windows are as follows.

Ground floor: 37 3/8" x 473/4"

Second floor (2): 39 3/4" x 68 1/2"

Third floor (3): 39" x 63 y,"


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Photographs

110 Montreal St. - front elevation

11 0 Montrea l S1. - fron L elevation high lighting the six windows to be replaced


Northern end of Wellington Terrace (108, 110 and 112 Montreal St.)

Southern end of We ll ington Terrace (104, 106 and 108 Montreal St.)


View from northeast comer of Ordnance St.lMontreal S1. intersection (Wellington Terrace, 1 04~ 112 Montreal S1.)

View from northwest comer of Ordnance St.lMontreal St. intersection (Artillery Park Aquatic & Fitness Centre, 76 Ordnance St.)


View from southeast corner of Ordnance St.lMomreal St. intersection (prov idence Manor, 275 Sydenham St.)

View from southwest comer of Or.dnance St.lMontreal St. inte rsection


Wellington Terrace

1960's photograph sent by Helen Finley


Site Vis it Repor t, 11 0 Mon t rea l St., 15 J a n 2010

Review of window conditi on and su bseq uent recommendations.

Present: Dr. D.A. Pratt (owner), Katrina Guy (Heritage Planner), Don Taylor (Heritage Committee), Robt. Cardwell (Heritage Committee).

The windows to be reviewed were on three floor levels of 110 Montreal St. The one ground floor window could be seen from the outside only. It appears to be a double hung replacement unit with venical security bars and aluminum storm/screen unit applied to the jambs. The opening in the masonry for the window appears to have been substantially reconfi gured. There appears to be a considerable moisture condensation problem with this window.

The second floor casement window sashes are wood replacements for the originals and have integral muntin grilles on one side, (that reflect the glazing pattern of the original sashes), and IG glass which appears to be uncompromised. The jambs appear to be original and profiled fo r an astragal on the original sash stiles. The s ills also appear to be original and in reasonable condition, however, the sashes butt against a weather bar without a corresponding drip sill on the bottom rails of the sashes to shed water, although they may have been present on the originals. The third floor windows could not be seen but deemed to be identical to those on the second floor. Exterior full height side sliding aluminum storm windows and screens have been applied to the jambs. Much of the aluminum cladding on the jamb extensions has become loose or damaged, exposing the wood beneath.

Owner 's problems: - Appearance of the compromi sed aluminum storm windows and claddi ng. - Cold air infiltration around the casements. - Having an adequate thermal barrier - Preference to have windows that will allow a complete window opening, not just half. - Screens need to res ist damage from squirrels trying to enter.

Recommendat ions: Basement level window: - Remove existing windows and Install a standard double hung one-over-onc wood or metal clad unit or inward swinging casements.

Upper level casements: - Retain existing casements and dispense with the additional glazing. - Thoroughly weatherproof the casements by:

- adding a drip sill to the sash rails (since removal of the aluminum storms will allow rain to hit the sash); - repairing the exterior jambs or casings where required after removaJ of the aluminum storms; - repairing the sill s where necessary with new wood; - adding bronze or foam weather-stripping to the jambs; - ensuring the existing sash bo lts and the addition of mid-sash casement latches if requ ired provide weather-tight closing .

• Have new full size wood frame screens constructed with a vertical centre bar for support . . l f squirrel problems persist, an additional heavier metal screen ing could be affixed to the screen. - If funhe r winter protection is desi red, full size wood storm sashes could be made to seasonally replace the screens. (These should be permined to leak air to the outside to prevent condensation from moisture build-up between the glazed panels).

Re- 27 Jan 201 0


Site Visit 110 Montreal St. 15 Jan. 20010

~ t , ,

Second floor Aluminum storm window and aluminum cladding


Casement window example (second and third floors)


Si ll detail (casements closed)

Sill detail (Casements open)


Casement jamb and head

Casement jamb detail


Ground floor window with aluminum storm

Ground fl oor window detail (showing moisture and security bar)


Exhibit ‘D’

Planning and Development Department

TO: Chairman, Members and Clerk, KMHC

FROM: Lindsay Lambert, Planner

APPLICATION: P18-275-147-2010 LOCATION: 110 Montreal Street (Wellington Terrace) DEEMED COMPLETE: October 14, 2010 DATE OF MEETING: December 6, 2010 90 DAY EXPIRY DATE: January 21, 2011

SUBJECT: An ‘Application for Alteration under the Ontario Heritage Act’ requesting approval to upgrade some existing windows and to replace a total of six windows:

• A total of five aluminum sliding storm windows on the second and third storeys, replaced by custom built wood storm windows that are to be exchanged with custom built wood-framed screens in warmer months

• Replacement of a ground floor double hung window (with vertical security bars and aluminum storm/screen unit) with double hung one-over-one wood window

• All new windows are to be constructed of clear white pine and painted white • Existing in-swinging casement windows on second and third storeys to be retained with the

following upgrades o Drip sill added to sash rails o New weather stripping o Installation of the storm windows referenced above

RECOMMENDATION

That application P18-656-112-2010 be approved.

REPORT TO KINGSTON MUNICIPAL HERITAGE COMMITTEE


Exhibit ‘D’

Planning and Development Department

----------------------------------------------------------------------------------------------------------------------------__________________________________________________________________________________

PROPOSAL: the subject application consists of a proposal to replace a total of six windows and to upgrade some windows. REASONS FOR DESIGNATION: Built in 1841 for Robert Jackson, this is the earliest large stone terrace in Kingston. Each dwelling is three bays wide with twin dormers on the front slope of the gable roof. A plain ashlar string course goes across the façade of the whole terrace. The fifth dwelling in dressed stone is an early addition to the four in the 1841 tender call. The lowering of the street where Montreal was opened through to Queen by 1875 revealed the high basement storeys and made necessary the stone retaining walls. COMMENTS FROM AGENCIES AND BUSINESS UNITS: Building: A permit is not required to replace windows where they remain the same size and no structural changes are being proposed. Property Standards: Please be advised that there are no outstanding property standards orders or complaints for 110 Montreal Street, roll number # 1011030070113000000. Planning and Development Department: The application appears to be consistent with the findings of KMHC with respect to the site visit completed on January 15, 2010 by heritage planning staff and members of KMHC.

Official Plan and Zoning: no concerns

Built Heritage and Archaeology: no concerns.

Environment: no comments received.

Planning and Development Department P. 2 Report to KMHC

Re: Application No(s). P18-656-112-2010


Registered October 13, 1987 Ii I As Ins trument No. 462553

, (,' ,,"' ""'~ 13.'1 0 1,»acc' /k '1e-: '>3'/',) I Of,' ,t P""T7lt4.d A, '-I.J'I ~ '''"j;6.f)(.. EXHI8 IT E

Clause 33, Report No .

BY-LAW NO. 87-1 51

A BY-LAW TO DESIGNATE CERTAIN PROPERTIES TO BE OF HISTORIC I

AND/OR ARCHITECTURAL VALUE OR INTEREST PURSUANT TO THE

PROVISIONS OF THE ONTARIO HERI TAGE ACT

PASSED : May 12, 1987

WHEREAS Section 29 of the Ontario Heritage Act,

R. S . C. 1080, Chapter 337 authorizes the Council of a

municipality

including all

to enact by-laws t o designate real

buildings and structures thereo h .

property ,

to be of

architectural or historic value or interest, 1

AND WHEREAS notice of intention to designate certain

properties within the municipality , as set out in Schedule

-A- hereto, was served on the owners of the property and on

the Ontario Heritage Foundation on the 26th day of

Mar ch , 19B7 and was published in the Whig-Standard on I

March 26, 1987, April 2, 1987 and April 9 , 1987;

AND WHEREAS no notice of objection to the proposed

designation was served on the Clerk of the City of

Kingston,

THEREFORE the Co uncil of The Corporation o f the City

of Kingston enacts as follows : I 1 . There are designa ted as being o f historic value or

interest the fol l owing real properties in the City of

Kingston : (. ) (b) (c) (d) (e)

2 Beverley Street 62-68 Brock Street 2- 6 Cataraqui St reet 67 col borne St r eet 59 Gore Street

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2

2 . There are designated as being of architectural value or

interest the following real properties in the City of

Kingston ; (.) (b) (e) ( d) ( e) ( f)

( 9) (h)

151 - 153 Alfred St r eet 80 Barrie Street

. 494 0111i510n Street 204 King Street East 1-7 Victoria Terrace on Montreal Street 88 PatricK Street (St . John the Apostle Church) 27 Pembroke Street 163 Union Street

3. There are designated as being of architectural and

historical value or interest the following real properties

in the City (0) (b) (tl (d) (e) ( f) (9) (h) ( i) (j) (k) (1) (m) (n) (0) (p) (q) ( r)

of Kingston : 144 and 146 Barrie Street 24 4 Barrie Street 286-288 Barrie Street 62- 64 College Street 248 Division Street (Kelso Cottage) 329 Division Street wBishOp's Folly· 165 King Stree t west 181 King Street West 271-279 King Street west 437 Ki ng Street west ~Copsworth" 104-112 Montreal Street ~ wellington Ter r ace" 178 Ordnance Street 508 portsmouth Avenue, Eldon Hall 1373 Princess Street 6 Rideau Street 10- 12 Rideau Street 14 Rideau Street 210 Sydenham Street North

4. All of the above mentioned properties are more

particularly described in Schedule "A" attached Oereto .

5 . This City Solicitor is hereby authorized to cause a

copy of this by-law and the reasons for designation to be

registered against the l ands described in Schedule -A-

hereto in the Land Registry Office at Ringston, Ontario.

6 . The City Clerk is he r eby authorized to cause a copy of

this By- Law to be served on the owners of the lands

described in Schedule "A- hereto and on The Ontario

Heritage Foundation , and to cause notice of the passing of

this By- Law to be published in the Whig Standard once for

each of three consecutive weeks.

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7 . This By-Law shall corne into force and take effect on

its passing.

GIVEN FIRST AND SECOND READINGS May 5, 1987

GIVEN THIRD READING AND FINALLY PASSED May 12, 1987

-vv-... ) ~ CITY CLERK / MAYOR


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REASONS FOR DESIGNATI ON OF CERTAIN PROPERTIES APPROVED AT THE MEETING OF CITY COUNCIL HELD ON

MAY 5 , 1987, (CLAUS E .33 , REPORT NO . 57) AS BEING OF HISTORIC VALUE OR INTEREST

2 Beverley Street

This corner l imestone building appears on an 184 2 map and was operated as - Grove House ', a way side inn on the lakeshore road i nto Ki ng s t o n . In later yea r s it was a grocery s tore with upsta irs dwelling .

62-68 Brock Street

This two stor ey pain t ed brick building consists of three shops with upstairs dwellings , I t is a good exampl e of 1840 ' s commerc ial building , erected on lease d land, now adapted to modern use . The large faucet , a plumber ' s s i gn , is notabl e.

2-6 Ca taraqui Street

Buil t for the Kingston Cotton Manufacturing Company about 1880 this red brick , many windowed building is one of the very few large industrial buildings st ill standing. Its exterior has few alterations; its interior has bee n well adapted to a number of modern uses .

67 Col borne St r eet

I n this pre- 182 7 frame house , now with a br ick facade , t he new Queen' s Colleg e held its first session i n Harch 1842 . That fall Queen ' s moved to Princess Street and the Samuel Morleys returned to live in th i s house .

59 Gore Street

Part of this two storey dwelling is a pre-1 796 plank house owned by Wil liam Co ffin , Sheriff of the Midland District in 1792 . In 1816 the Rev . G. O. Stuart bought the cottage wh ich then became known as the parsonage . He l ived there exc e pt for the few years he spent in Summerhill (Queen ' s) and di ed there october 5 , 1862 . ~rom tha t time a series of tenants and owners have occupied and added to the or iginal structure .

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2

REASONS FOR DESIGNATION OF CERTAI N PROPERTIES APPROVED AT THE MEETING OP CITY COUNCIL HELD ON

MAY 5, 1987, (CLAUSE 33, REPORT NO . 57) AS BEING OF ARCHITECTURAL VALUE OR INTEREST

151-153 Alfred Street

The careful ly considered symmetry of this dooble brick house is emphasized by massive detailing in white terra cotta and wooden panels . Twin two and a half storey round arches contain windows in heavy mouldings . Flanking these are square projections, containing entranceways with round arched openings ; the second storeys' wooden panels and pairs of windows rise to decorated cornices of the twin gable roofs .

80 Barrie Street

plans for this 1885 dwelling for Richard Waldron appear in a collection of drawings of Robert Gage , architect, an important example of his work. This twO and a half storey brick , with its fcade projections, series of roof angles, paired windows and side verandah, is a typical Gage design .

494 Division Street

A typical Ontario cottage style, this limestone dwelling built outside the City limits is a well proportioned example of a modest country house .

204 King Street East

Duncan Sinclair, shipwright, built this stone house with arched carriageway in 1851. A typical town house of th period bui lt at the street edge , its symmetry is maintained with one blind window over the door .

1-7 Vic toria Terrace on Montreal Street

Designed by Joseph Power and built in 1888-89, this two and a half s tore brick terrace of seven dwellings sits on a full storey limestone foundation. The most significant architectural feature of this building is the treatment of Window and entrance ope nings , a keyhole shape enhanced by the use of ptich- faced stone in the surrounds . In the five gabled pr ojections paired windows with square transoms on the main floor contrast with the keyhole shaped pairs on the second storey except in the centre gabled scction , wher e three narrow keyshaped windows are spanned by a l arge Stone lintel.

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88 patri c k Street

The patrick Street facade of tnis 1941 limestone church is the most significant . Applied buttresses flank an arched entrance with three Got h ic windows above. The tall, square , corner tower riSing to a pyramidal roof has on each side long, narrow, Gothic arched, louvred openings above nllrrow windows in recessed panels .

27 Pembroke Street

This 1879 Ontario cottage type limestone house is notable for the large windows on the facade and the size and placement of windows on the gable ends .

163 Union Street

The most important feature of this symmetrical , cream coloured stucco dwelling set in spacious grounds is the entranceway . The fine fan light, side lights and penelled door a r e protected by a semicircular portico supported by fluted Corinthian columns. Flanking this are multiple paned windows set in projecting bays with casement windows above and on the r oof of a centra l double window dormer .

REASONS FOR DESIGNATION OF CERTAIN PROPERTIES APPROVED AT THE MEETING OF CITY COUNCIL HELD ON

MAY 5, 1987, (CLAUSE 33 . REPORT NO . 57) AS BEING OF ARCHITECTURAL AND HISTORIC VALUE OR INTEREST

144 and 146 Barrie Street

These twin cottages built in 1842 for the Hon. John Macaulay were probably designed by Thoms Rogers . The main architectural features are the decorative barge boards of the gable roofs and the hip roofed verandah on three sides of each brick cottage .

244 Barrie Street

This is one of the earliest nmodern n apartment buildings in Ki ngston . Building in 1917 for James Elder to plans by William Newlands, the three storey brick building featured angled projecting bays at the front corners flanking recessed balconies on each level . Modern additions are sympathe t ie.

286-288 Barrie Street

This 1841 stone building is an excellent example of the substantial double dwellings built just o utside the City for ren tal when Kingston was the capital. The quoins, upper string course and panelled. reveals of the doorways are notable architectural features .

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62 - 64 College Street

This large stone double house was built in 1841 to plans by Andrew Drummond and occupied by Drummond and John Mowat . The first Principal of Queen ' s , Thomas Liddell, later occupied Mowat's section . The house retains its original casement wi ndows and shutters ,

248 Division Street (Kelso Cottage)

This small stone Ontario cottage with central gable and hiproofed verandah was built about 1840 for Adam Laidlaw , whose desce ndants occupied it to 1916.

329 Division Street "Bishop ' s Folly"

Arch Deacon G. O. Stuart started this building in 1861 but it was not finished for a number of years after his death . Built of smoothly dr essed limestone , the large two storey dwelling has a central projection riSing to a grand pediment flanked by l arge stone chimneys . The rear ha s an unusual semi-circular projection .

165 King Str eet west

The front, square , truncated hiproofed section of this large dwelling was built in 1878 for William DOwning , a brewer. In 1915 William Newlands designed the alterations and additions in keeping with the original house .

181 King Street West

Architect Colin Orever designed this 1924 brick dwelling for Prof . Arthur C. Neish of Queen's. Th~ central entrance with fan light and side lights , protected by a small arched roof portiCO, is the main feature of this well-proportioned house.

27 1- 279 King Street West

This brick terrace of five dwellings is all that remains of the three terraces designed in 1853 by Willi am Coverdale to house the workers at Morton ' s Brewery. They were Iatet'" known as Newman ' s Cottages . Each unit has a high gable with a cat'"penter's Gothic arched window. The whole t errace is joined by a one s t orey verandah .

437 King Street West "Copsworth"

Built for James craig , grocer, in 1B78 this building was designed by the firm Power and Son, where William Newlands was working before he set up his own office in 1882 . The stuccoed dwelling has a complex, irregular plan; the high pitched gabl e roof has a number of different sized pt'"ojections with sharp high gables and a narrow three storey tower . The hip roofed porch is notable for its decorative balustrade and elaborate traillage .

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104-112 Montreal Street "Wellington Terrace"

Built in 1841 for Robert Jackson this is the earliest large stone terrace in Kingston. Each dwelling 1s three bays wide with twin dormers on the front slope of the gable roof. A plain ashlar string course goes across the facade of the whole terrace . The fifth dwel l ing in dressed stone is an early addition to the four in the 1841 tender call. The lowering . of the street where Montreal was opened through to Queen by 1875 revealed the high basement storey ~ and made necesssary the stone retaining walls.

178 Ordnance Street

This 1840 limestone dwelling was owned by two early Kingston families , first the Everetts, then the Abernethys, to 1929. The dressed stone facade is three bays wide with an arched entranceway. The gable ends of rubbles tone have high parapets .

508 Portsmouth Avenue, Eldon Hall

William Coverdale des igned this large country villa for James Flanigan , who was twice Mayor of Kingston and later Warden of Frontenac County. Built in 1855, it was subsequent ly owned by Fisher, then by Cl iff and finally in 1930 by the Federal Government, who built the large addition . The paired , round headed window s in the second stor ey are typical Coverdale designs.

1373 Princess Street

In 1824 Albert McMichael purchased this land and built thi s one and a half storey limestone farmhouse . The central entrance has an elliptical fan lig ht and is flanked by two windows. There -are three double window dorme rs o n the front slope of the low pitched gable r oof.

6 Rideau Street

Origina lly a double house , this two storey stone dwelling with parapetted end walls was built as part of a range of four dwellings when Kingston was the capital . In 18 42 Grace Bolte was assessed for a two storey stone house with two extra fireplaces .

10-12 Rideau Street

Built in 1841, this double 'dwelling , in size and style like its neighbour No.6, is an important and characteristic section of the earliest Rideau streetscape .

14 Rideau Street

Thi s circa 1819 one and a half storey dwelling, with steep me tal clad roof and two large gabled dormers, has a large stone chimney placed to the front of the roof edge . with its neighbouring houses , 6 and .10-12 Rideau Street, it t yp i fies the simple early dwellings 1n this important section of early Kingston .

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210 sydenham Street NOrth

This is one of the few extant buildings designed by architect John Crawford . Built for Horace Haight in 1841, the three bay , two storey ' limestone hou se has a central door with transom an~ side lights flanked by the orig inal casement windows.


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SCHEDULE -AK TO BY-LAW NO. 87-151

1. Notice of Intention to Design~te ~as served on the O~ners of the following properties on March 26, 1987 and published in the Whig-Standard on Ma rch 26, 1987, April 2, 1987 and April 9, 1987 :

2 Beverly Street

Owner: Bruce C. Townley c/o Phyllis Townley .' 421 , 1 Grosvenor Street , London, Ontario

Description:

All a nd Singular that certain parcel or tract of land and ~remises situate lying and being in the City of Kingston, 1n the County of Frontenac, and conSisting of Lot Number 4 on the northwesterly corner of King and Beverly Streets as laid out on Registered Plan Number B-15 reserving therefrom the land described in a Deed from Edward Cressell to Thomas Rowe dated September 30th, 1851, and registered September 30, 1851, as 8273 , the land intended to be conveyed by this deed being more particularly described in instrument numbers 270791 and 365069.

62-68 Brock Street

Owner: 62-66 Brock Street David H.M. Hall R. R. 13 , Gananoque, Onta~io

Owner: 68 Br ock Street David Harold Meritt Hall 157 Alfred Street, Kingston, Ontario

Description :

62-66 Brock Street: ALL AND SINGULAR that certain parcel or tract of land situate, lying and being in the City of Kingston, County of Frontenac, being composed of Part of Lot 3, as shown on Registered Plan 8-28 , and as more particularly descrlbed in in strument number 443233.

68 Brock Street : ALL AND SINGULAR that certain parcel or tract of land and premises situate , lying and being in the City of Kingston, in the County of Frontenac, in the Province of Ontario, and being composed of Part of Lot 3, as shown on Registered plan B-28 in the said City , which Said parcel or tract of land may be more particularly described in" instrument number 152603.

2-6 Catar8qui Street

OWner: Woolen Mill Developments Inc . 210 Dalhousie Street , Ottawa, Ontario

Description:

ALL AND SINGULAR that certain parcel or tract of land and premises being Part of Farm Lot A, and part of the Ca taraqui Ordnance Water Lot in front of Farm Lot A, Conc . W.G.C.R., designated as Parts 1 and 2, Plan 13R-1542, City of Kingston, County of Frontenac, more particular described in instrument number 413408.

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67 Colborn@ Street

Owner : Maureen Yorga 695 Anne Street , Kings~on , Ontario

Description :

All t hat portion o f LOt 396 of t he Original Survey of the Town of Kingston , now in t he City of Kingston, more particularly described in instrument number 441943

59 Gore S t reet

Owner: Moses Cramer (now deceased). The trustee and executrix is Leah Cramer as pursuant to the last wil l and testament of Moses Cramer .

Description :

ALL AND SINGULAR that certain parcel or tract of land and ~remises s i tuate , l yi ng a nd being in the City of Kingston , In the County of rrontenac, and being composed of ~ts numbers One ( 1), TWO (2) , Six (6) , and part of Five (5) as shown on Registered plan B-1 6 for the said City , which said parcel or tract of land m~y be more particularly described i n i nstrument numbers 80919 and GR-129776 .

151-153 Al f red Street

Owner : Queen's University at Kingston Queen' s University , Office of the Secretar y

Desc r iption :

ALL AND SINGULAR tha t cer t ain parcel or tr~ct of land and pr emises situate , lying ~nd being in the City of Kingston, in the Count y of Frontenac , and be ing composed of Lot Number Nine Hundred and Fifty-Four, f r onting on the Bast side of Alfr ed Street , AS shown on a plan of Ordnance Lots, laid out on the Herchmer Farm , made by D. Williams , P.L . 5. , dated February 16 , 1873 , and filed in the Registry Office for the City of Kingston on the 4th d~y of August 1873 , and being more p~rticularly described in instrument number 192232.

80 B~rr1e Street

Owner: ~thel Abramsky 80 Barrie Street , Kingston , Ontario

Description :

Parcel One : ALL AND SINGULAR that certain pa r ce l or tract of land and premises situate, lying and being i n the Ci ty

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of Kingston, in the County of Frontenac and Province of Onterio and being that parcel of land on the corner of Barrie and Stuart Stree t composed of Lot Number One and part of Lot Number Forty-five in Arthu r place as laid out on a part of Lot Number Twenty-four in the First Co ncession of the Township of Kingston , formerly , now within the City limits, according to e plan or survey made by Thos . Fraser Gibbs, P.L.S., whi ch parcel of land may be more particularly described in instrument number 51831. parcel Two : In the Ci ty of Kingston, in the Co unty of Frontenac and province of Ontario consisting of that part of Lot Number TwO on that s ubdivision of Lot Number Twenty-four in the First Concession of t he Township of Kingston formerly, now within the City l imits , known as Arthur Place, which may be described more particularly in instrument number 51831 . Parcel Three : In the City of Kingston , in the County of Frontenac and province of On'tario , consisting of Lots Forty-three and Forty-four and part of Lot Number Forty-five in Arthur place in the said City of Kingston, mOre particularly descr i bed in instrument number 51831 .

494 Division Street

Owner: Jose Pacheco and Alzira Pacheco 494 Divi sion Street, Kingston, Ontario

Description :

ALL AND SINGOLAR that certain parcel or tract o f land and premises situate, lying and being in the City of Kingston, in the County of Frontenac , and being composed of part of farm lot 24 in the Second Concession in the said City , more particularly described in instrument number 385483.

204 King Street East

Owner : Patricia R. Easteal 204 King Street East , Kingston , Ontario

Description:

ALL AND SINGULAR that certain parcel Or tract of land and premises situate , lying and being in the City of Kingston, in the County of Frontenac, Province of Ontario , and beng composed of parts of Lots 127 and 134 according to the Original Survey of the Town of Kingston, and now the City of Kingston , which said parcel is more particularly described in instrument number 365039.

1-7 Victoria Terrace on Montreal Street

OWner: 1 Victoria Terrace Mark So~ensen and wilma Sorensen 50 Mont real Street , Kingston, Ontario

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David Custers 208 King Street ~ast, Kingston, Ontario

3 Victoria Ter r ace Marc Ouellette and Martha Rixen c/o 268 Wellington St r eet , Kingston, Ontario

4 Victoria Terrace Michele Mastrorill i 60 Montreal Street, Kingston, Ontario

5 Victoria Terrace Kathleen Herman 5 Victoria Terrace, KingstOn , Ontario

6 victoria Terrace Nina Dejneha and Mychajlo Dejneha 6 Victoria Terrace

7 Victoria Terrace Lester Snider and Phyllis Snider 7 victoria Terrace , Kingston , Ontario

Description:

1 Victoria Terrace : ALL AND SINGULAR that certain parcel or tract of land and premises situate , lying and being in the City of Kingston, County of Prontenac and Province of Ontario , comprising Part of TOwn Lot 319 acco rding to the Original Survey o~ the Town of Kingston , now Ci ty of Kingston, which said parc@l or tract of land may be more particular l y described in inst r ume nt number 37 4373 .

2 Victoria Terrace : ALL AND SINGULAR that certain parcel or tract of land and premises situate , lying and being in the City of Kingston , County of Fron t enac and province of Onta rio , comprising Part of TOwn Lot 319 according to the Original Survey of the Town of Kingston, now City of Kingston , which said parcel or tract of land may be more particularly described in inst r ument number 430 510.

3 Victor i a Terrace : ALL AND SINGULAR that certain parcel or tract of land and premises si tuate , ly ing and being in the City of Kingston , County of Frontenac and Province of Ontario , comprising Part of Town Lot 319 accord ing to the Original Survey of the Town of King s t on , now City of Kingston ; which said parcel or tract of l and may be more particularly descrt,bed in instrument number 439377 .

4 Victoria Terrace: ALL AND SINGULAR that certain parcel or tract of land and premises si tuate, lying and being in the City of Kingston , County of Frontenac and province of On t ar i o, comprising part of TOwn Lot 319 accordi ng to the Origina l Survey of the Town of Kingston, now City of Kingston, which said parce l or tract of land may be more particularly described in instrument number 340213 .

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5 Victor ia Te rrace: ALL AND SINGULAR that certain parcel or tract of l and and premises situate, lying and being in the City of Ki ngston , Co unty of Frontenac and Province of Ontario , comprising Part of Town Lo t 319 accordi ng to the OrigInal Survey ot the TOwn of Kingston, now City o f Kingston , which sa id parcel or trac t of land may be more particularly described in instrument number 295759 .

6 Victoria Terrace : ALL AND SINGULAR that certain parcel Ot" tract of land \lind premises s ituate, lying and being in the City of Kingston, County of Frontenac and Province of Ontario, comprising Part of Town Lot 319 according to the Original Survey of the Town of Kingston, now City of Kingston, which said parcel or tract o f land may be more particularly described in instrument number 113405.

7 Victoria Terrace: ALL ANO SINGULAR that certain parcel or tract of land and premises situate , lying a nd being in the City of Kingston , County of Frontenac and Province of OntariO, comprising Part of Town Lot 319 according to the Original Surv ey of the Town of Kingston, now City of Kingston , which said parcel or tract o f land may be more particularly described in instrument number 69122.

88 Patrick Street (St . John the Apostle Church)

Owner : Roman Catholic Episcopal corporation of the Diocese o f Kingston

88 Patrick Street, Kingston, Ontario

Oe s cr ipt i on :

A~L AND SINGULAR t hat certain parcel or trac t o f land and premises situate, lying and being in the City of Kingston, in the County of Frontenac and being compDsed of par t of Lot Four on a certain plan made by George S . Kirkpatrick, P.L . S . , dated the 18th of January, 1884, and attached to the Will of John Stuart Smith, being part of Farm Lot A which said part of tot Pour may be more particularly described in instrument number GR-S5 - 5428B .

27 Pembroke Street

Owner: Frances Enid Lavin 449 King Street West , Kingston , Ontario

Description:

ALL AND SINGULAR that certain parcel or tract at l and and premises situate, lying and being in the City of Kingston , in the County of Frontenac and being composed of villa Lot Number Twenty - Three as marked out , numbered and laid down on a plan of a part o f the South West quarter of ~arm Lot Number Twenty One in the First Concession of the Township

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of Kingston now i n the City made by T.W. Nash P.L . S . dated 30th June 1877 and registe r ed in the Registry Office for the City of Kingston on the 11th July 1877 as Number C2, and the northerly six feet of perpendicular width throughout of Lot 22 according to plan C. 2 for the City of Kingston and being all that part of Lot 22, Plan C.2 not included i n instrument 74653 for the City of Kingston, wh ich lands are more particularly described in instrument number 277 159 .

163 Union Street

Owner ; G. MCDOnald Taylor 163 Union Street , Kingston, Ontario

Description :

AI,L AND SINGULAR that certain parcel or tract o f land a nd premises situate, lying and being in the City of Kingston, in the County of Frontenac, and being composed of Part of Lot 928 on the East side of Albert Street and Par t of Lot 929 and Lot 930 on the North side of union Street on Registered Plan A-12, more particularly described in instrument number 346992 .

144 and 146 Barrie Street

Owner; Queen ' s University at Kingston Office of the Secretary University Avenue , Kingston , OntariO

Description:

144 Barrie Street : ALL ANO SINGULAR th a t certain parcel or tract of land and premises situate, lying and being in the City of Kingston, in the County of Frontenac and being composed of Lot 17 on the West side of Barrie Street in a subdivision known as nArthur Place n made by Thos . Fraser Gibbs , P.L.S . dated April 17, 1850 and registered as Plan A-4. Said lot being 40 ' wide by a depth of 127 '8" mace or less , together with and subject to an existing right-of-way on said Lot 17 and Lot 18 adjOining , as described in Deed from Henry Byrne Estate to Agnes Shaw , dated Aug. 8 , 1890 and registered as NO. 8812 for the City of Kingston . Also goether with and subject to an extension of the said right-of-way as described n Deed No. 529 40, which lands are more particularly described i n instrument number 156892.

146 Barrie Street: ALL AND SINGULAR that certain parcel or t r act o f land and premises situate, lying and being in the City of Kingston , in the County of Frontenac, and being composed of Lot number Eighteen on the Westerly side of Barrie Street , according to ~ plan of subdivision of part of Lot number Twenty-Pour in the First Concession of the

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TOwnship of Kingston formerly , now in the City of Kingston , called "Arthur place~, made for the Han. John Macaulay by T.F. Gibbs , P . L.S., dated April 17 , 1850 and May 1 , 1850, and registered in the Registry .Office for the County of Frontenac on May 1, 1850 and now on file in the Registry Office for the City of Kingston as Plan NO . A.4 , and more particularly described in inst rument number 103305 .

244 Barrie Street

Owner :

Unit 1, Level 1: A. W. Associates Limited c/o Alan wales

Unit 2, Level "

Unit 1 , Level 2,

Unit 2 , Level 2 ,

Unit 1 , Level 3 ,

Unit 2, Level 3,

Unit "

Level A,

Description :

55 Seafor th Avenue, Kingston , Ontario

Marilyn M. Ring 244 Barrie Street, f2 , Kingston

Mary I. Wilson ", Barrie Street, 13, Kingston

sydney M. Bright 24. Barrie Street, " , Kingston

Paul Christ ianson ", Barrie Street , '5 , Kingston

Pierre B. Gobin 78 Nelson Street, Kingston , Ontario

Joseph P. Carrigan and Janet L. Cory 244 Barrie Street , '7, Kingston

Unit 1, Level 1: Those lands and premises located in the following munic i pality , namely, in the City of Kingston, in the County of Frontenac and being composed of Unit Number l, Levell, shown on Frontenac Condominium plan Number 9 , registered in the Registry Off ice for the Registry Division of Frontenac No. 13 and its appur tenant common interest , ' ! more particularly describe~ in instrument number 395826 .

Unit 2 , Levell : Those lands and premises located in the following municipal ity , namely , in the City of Kingston, in the County of Frontenac and being composed of Unit Number 2, Levell, shown on Frontenac Condominium plan Number 9 , registered in the Registry Office for the Registry Division of Frontenac NO . 13 and its appurtenant common interest , more particularly described in instrument number 36608 1.

Unit 1, Level 2 : Unit 1, Level 2 , shown on Frontenac Condom inium Plan Number 9, registered in the Registry Office for the Registry Division of Frontenac NO. 13 and its appurtenant common interest , in the City of Kingston, County of Frontenac, Province of Ontario S8 described in Instrument No. 366080.

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Unit 2, Level 2: Those lands and premises located in the followi ng municipality, namely " in the City of Kingston, in the County of Frontenac and being composed of Unit Number 2, Level 1, shown on Frontenac Condominium Plan Number 9, registered in t he Registry Off i ce for the Registry Division of Frontenac No . 13 and its appurtenant common interest more particularly described in instrument number 368294.

Unit 1 , Level 3 : Those lands and premises located in the following municipality, namely , in the City of Kingston , in the County of Frontenac and being composed of Unit Number 1, Level 3, shown on Frontenac Condom inium plan Number 9, registered in the Registry Office for the Registry Division of Frontenac No . 13 and its appurtenant common interest, more particularly described in inst~ument number359860.

Unit 2 , Level 3: Unit 2, Level 3, Frontenac Condominium plan Number 9, and its appurtenant common interest in the City of Kingston, County of Frontenac , Province of Ontario , more particularly described in instrument number 442895.

Unit 1 , Leve l A: Those lands and premises located in the following municipality , namely, in the City of Kingston , in the County of Frontenac and being composed of Unit Number 1, Level A, shown on Frontenac Condominium Plan Number 9, registered in the Registry Office for the Registry Division of Frontenac No. 13 and its appurtenant common interest, more particularly described in instrument number 367308 •

286-288 Barrie Street

OWner : Siegfried Jansen R. R. ,2, Carleton place , Ontario

Description:

Lot 9 as shown on the Registrar ' s compiled plan of Part of Block 5 of the Abstract Block Subdivision of Farm Lot 24, Concession 1 as 1648 , City of Kingston. Together with a Right-of-Way over the southerly eight (8) feet of the Easterly forty (40) feet in perpendicular width of Lot 8 on said Registrar's Compiled plan 1648 .

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62- 64 College Street

OWner: 62 College Street Mary C. Revelle

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62 Col l ~ge Street , Kingston , Ontario

64 College Street Christena M. Houston 64 College Street, Kingston , Ontario

Description :

62 Col lege Street : ALL AND SINGULAR that certain parcel or tract of land and premises situate , lying and being in the City of Kingston, in the County of Frontenac, being part of Lot 4, Registered plan Bl1, more particularly described in instrument number 291738 .

64 Colle.ge Street : ALL AND SINGULAR that certain parcel or tract of land and premises situate , lying and being in the City of Ki ngston , in the County of Frontenac and being composed of part of LOt 4, on the WEst side of College Street , according to a plan of subdivision of part of Farm Lot 21 , made by W. H. Kilborn, D. P . S. , dated August 7 , 1841, and filed in the Registry Office for the County of Frontenac on April 30 , 185 1 , and now on file in the Registry Office for Kingston and Frontenac , as plan NO . Bll, which land is more particularly described in instrument number 212614.

248 Division Street (Kelso Cottage)

Qwner : Kr i stin Colwel l 24B Division Street , Kingston, Ontario

Description :

ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Kingston , in the County of Frontenac and provi nce of Ontario , and being composed of part XI in Stuartsville Subdivision or village plot , lying within the limits of Block EE of the Abstract Bl ock Subdivision of Farm Lot 24 in Concession 1 in said City of Kingston , which said parcel is more particul arly described in instrument number 369580 .

329 Division Street "B i shop ' s Folly·

Owner: J . Tyler MC Murre n 328 Division Str eet, Kingston , Ontario

Description:

ALL ANO SINGULAR that certain parcel or tract of land and premises situate , lying and being in the City of Kingston, in the County of Frontenac and province of Ontario , and being composed of the Westerly part of Lot Number Eight (8 ) and all of Lots numbered nine (9) and ten ( 10) situate , East of Division Street and between Main and York Streets in the Town plot laid out in a Farm Lot "AM by J . B. picard and genera l ly known as ·picardvilleM, which land is more particularly described in instrument number 379552 .

165 King Street west

Owner : Nel Currie Davis

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Description:

ALL ANO SINGULAR that certain parcel or tract of land and premises situate , lying and being in the City of Kingston, in the Coun ty of Frontenac , being composed of Lots Four and Five on the northerly side of King Street, as laid down on a plan dated Apri l 21, 1873 , and registered in the Registry Office for the said City of Kingston on May 4, 1875, as Plan 0-16 made by o . Wilil ams , P . L.S. for John Rowlands showing an aI.teration in the plan of the south East part of Lot Number 23 in the First Concession of the TOwnship of Kingston, now in the said City of Kingston, as subdivided into Town Lots by the said Williams for said Rowlands , more particularly described in instrument numbers 233901 and 328889 .

181 King Street West

Owner : Clifford w. Bennett (now deceased). The tr ustees and executors are Claire Ellen Bennett a nd john penman bennett as pursuant to the last will and testament ' of Clifford w. Sennett.

Description :

ALL AND SINGULAR t hat certain parcel or tract of land and premises situate , lying and being in the City of Kingston , i n the County of Frontenac, and being composed of LOt Number Ni ne (9) fronting on King Street in the said City of Kingston as shown on a pl an of the south easterly part of Farm Lot number Twen t y-three ( 23 ) in the First Concession of the Twonship , now in the City of Ringston as subdivided into Town Lots for John Rowlands made by D. Williams, P.L. S. , dated 1st October 1872, a nd registered in the ,Registry Office fa t' the City of Kingston on 2nd October A.D. 1872, more particularly described in instrument numbers 55-54191 and 151357 .

271-279 King Stt'eet west

OWnet': 271 King Stt'eet West Gay sampson and Bit'd Cowan Sampson 271 King Street West , Ki ngston , Ont8t'io

273 King Stt'eet west Charles M. Beach 273 Ki ng Stt'eet west, Kingston , Ontario

275 King Street West Cat'ol A. Pentland 275 King Street West, Kingston , Ontario

27 7 King Street West Suzanne Sutcliffe 277 king Street West, Kingston , Ontario

279 King Street West Brian Osborne 279 King Street West , Kingston , Ontario

Descr iption ;

271 King Street West; ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying And being in the City of Kingston, in the County of Frontenac , being composed of : FIRSTLY : Part of Lots 1 and 2 , accordi ng to Registered plan 8- 15 and being desi9nated as pat't 5 on a Reference plan deposited on the 10th day of Oecember , 197) ,

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as plan 13-R-720 for the s8id City and SECONDLY: part of Lots 1 , 2 , 3, and 34 according to Registered Plan B-15, for the said City of Kingston , and being designated as part 6 on Reference plan 13-R-720 , dePQsited on the 20th day of December , 1973, for the City of Kingston, more particuarly described in instrument number 352446.

273 King Street West: THOSE land and premises located in the following municipality , namely , in the City of Kingston, in the County of FrOntenac, and being composed of fIRSTLY: part of Lots 1 and 2 according to Registered plan B-1 5 and being designated as part 4 on a Reference plan deposited on the 10th day of December , 1973, as plan 13-R-72Q for the said City of Kingst.on SECONDLY: part of Lots 1, 2, 3 and 34 according to Registered Plan B-15, for the said City of Kingston and being designated as Part 6 on Reference plan 13R-720, for th e said City of Kingston. The said Part 6 o n Reference pl an 13R-720 being owned as a tenant - in- common with the owners of Part 1, 2, 3 and 5 o n Reference plan 13R-720, subject to a right-of-way over part 6 in favour of each of the owners of parts 1, 2 , 3, 4 and 5 to provide access to Beverley Street, which lands are more particular l y described in instrument number 358936 .

275 King Street West: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Kingston , in the County of Frontenac and being composed of Part of Lots 2 and 3 accordn ig to r egistered plan NO . B15 and being Part 3 as shown on a Reference plan NO . 1)R-720 for the Registry Division of Frontenac (13) , more particularly described in instrument number 246123.

277 King Street West: THOSE lands and premises located in the following municipality , namely , in the City of Kingston, in tHe County of Frontenac and being composed of Part of Lots 2 and 3 according to Registered plan NO. 815 and being Part 2 as shown on a Reerenc e plan NO. 13-R-720 for the Registry Division of Frontenac No. 13, and also being composed of Par t of Lata 1, 2 , ) and )4, according to Registered Plan No . 815 , and being part 6 as shown on a Reference plan NO . 1)-R-720 for the Registry Division of Frontenac No . 13 , mor e p~ r ticularly described in instrument number 3394)6.

279 King Street West : ALL AND SINGULAR th~t certain parcel or tract of land and premises situate , lying and being in the City of Kingston, in the County of Frontenac and being composed of Part o f Lot) acording to Registered plan NO. B. 15 and being part 1 as shown o n a Reference plan No . 1)R720 fo r the Registry Div i sion of Frontenac (No .1 ]) together with the intereat of the Grantor as Tenant in Common of part of Lots 1, 2 , ] and 34 according to Registered plan NO. 8 . 15 and being part 6 as shown on a Reference plan NO . 13R720 for the Registry Division of Frontenac (No . 1)) , more particularly described in instrument number )77950 .

437 King. Street West "Copsworth"

Own er : John George Ettinger (no w deceased) . The trustees and executors are George Harold Ettinger and Barbara Elizabeth Ettinger as pursuant to the last will and testament of John George Ettinger

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D@scription :

ALL AND SINGULAR those certain parcels and tracts of land and prem i ses situate, lying a nd being in the said City of Ki ngston . in the Coun ty of Frontenac , and known by the name of the Mi chael Doran Homestead property and which land hereby conveyed or intended so to be may be described as follows , that is to say as consisting of : ~IRSTLY - Lots numbers seven, eight and forty-seven as laid down on a plan of the Sou th . West part of Lot t wenty-one in the first concession of the TOwnship of Ki ngston , now in the Ci t y of Kingston , made by T.W . Nash , P. L. S. , and registered in the Registry Office for the said City of Kingston on the 11 th day of July , 1811. SECONDLY - Lots numbers one and two fronting on the North side of King Street and lot number nineteen fronting on the West side of Ellerbeck place , which lands are more particularly described in inst r ument numbers 168962 and 23002 .

104-1 12 Montreal Street ·Welling t on Terrace

Owner : 104 Montreal Street Ronald J . Lakins 19 Mulcaster Drive , Ki ng ston , Ontar i o

106 Hontreal Street David Helwig and Nancy Relwig 106 Montreal Street , Kingston, Ontario

108 Montreal Street patricia Ecclestone 108 Montreal Street , Kingston , Ontario

110 Montreal Street Bruce H. Millen and Marsha D. Kaufman 110 Montreal Street , Kingston, Ontario

112 Montreal Street John N. Berry 112 Montreal Street , Kingston, Ontario

Description :

104 Montreal Street : ALL AND SI NGULAR that certain parcel or tract of l and and pr emises situate , lying and being in the Province of Ontario a nd in the City of Kingston, comprising part of TOwn Lots 41 2 and 413 and part of ftAr tillery Park~ ~s shown on the Orig inal Pl an of the Town of Kingston , now City of Kingston , which lands are more parti cul arly described in instrument number 1967 19.

106 Montreal Street : ALL AND SINGOLAR that certaln parcel or tract of land and premises situate, l ying and being in the City of Kingston , in the County of Frontenac , comprising part of Lo t 412 , of the original survey of the Town of Kingston , now City of King ston , which may be more particularly described in instrument number 369839 .

108 Mont real Street : ALL AND SINGOLAR t hat certain parcel o r tract of land and pr emises situate , lying and being in the Ci t y of Kingston , in the County of Prontenac, compr ising part of Lot 412 , of the original s urvey of the TOwn of Kingston, now City of Kings t on , which may be more particularly described in instrument number 391 386 .

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110 Hont~eal Street: ALL AND SINGULAR that c~rtain parcel or tract of land and premises situate , lying and being in the City of Kingston , in the County of Frontenac , comprlsing part of Lot 41 2 , of the original survey of the Town of Kings.to n , now City of Kingston, which may be more particularly described in instrument number 336589 .

112 Montreal Street: ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Kingston , in the County of Frontenac, compriSing part of Lot 412, West of Montreal Street, South of Ordnance Street according to the Original Survey of the Town of Kingston, now City of Kingston, which ~ay be more particularly described in instrument number 369839.

178 Ordnance Street

Owner : Una M. Beer 178 Ordnance Street , King s ton, Ontario

Description:

ALL AND SINGULAR that certain parcel or tract of land and premises situate , lying and being in the City of Kingston, in the County of Frontenac , and being composed of part of Lot 400, Original Survey of the said City, which may be more particularly described in instrument number 435988 .

508 portsmouth Avenue , Eldon Hall

Owner: His Maje s ty the King, 1n Right of the Minister o f Justice of Ca nada

Description:

ALL AND SINGULAR those certain parcels or tracts of land and premises situate, lying and being in the TOwnship of Kingston , in the County of Fron tenac, in the province of Ontario , containing by admeasurement seventy six acres , be the same more or less , and being composed of a part of the rear half of lot number Seventeen ( 17) in the first Concess ion of the Township of Kingston in the said County of Frontenac , which lands may be more particularly described in instrument number 11340.

71-73 Princess Street

Owner : Greenwood Bros. Limited 191 Dalton Av enue , Kingston , Ontario

Description :

ALL AND SINGULAR that certain parcel or tract of land and premises situate , lying and being in the City of Kingston , in the County of FrOntenac , being all that part of Lots 2 , 3 and 4, Registered plan C- 4, designated as Parts 6, 9 , and lIon a Reference Plan deposit ed in the Registry Office for the Reg i stry Division of Frontenac (No . 13) as plan 13R579.

1373 Princess Street

Owner : DOnald Mathieson and Dorothy Mathieson 1373 Princess Street , Kingston, Ontario

Description:

ALL AND SINGULAR that certain parcel or tract of land and ~remises situate , lying and being in the City of Kingston , tn th e County of Frontenac , and be ing composed of Lot 31, according to Registered plan NO. 1154, TOGeTHER with a convenient right - of-way which is more particularly described in instrument number 382587.

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6 Rideau Street

Owner : waclaw Michalski (now deceased). The trustee and sole executrix is Ca herine Michalski as pursuant to the last will and testament of Waclaw Michalski .

P . O. Box 39 , Camden East, Ontario

Description:

ALL AND SINGULAR that certain parcel or ' tract of land and premises situate, lying and being n the Province of Ontario and in the City of Kingston, comprising Part of Town Lot 263 as shown on the Original Survey of the Town of Kingston, now City of Kingston, whcih said parce or tract of land may be more par ticularly described in instrument n umber 399196 .

10-1 2 Rideau Street

Owner: Richard' G. Walker 14 Rideau Street, Kingston , Ontario

Description :

10 Rideau Street : Part of Lot 263, original Survey , City of Kingston, County of Fro ntenac , and being designated as Parts 1, 8 , 10, and 14 on Reference plan 13R- 70B4 TOGETHER with a right - af-way over Parts 4, 5, 6, 9 and '1 on Ref e rence plan 13R-70B4 , which lands are more particularly descr ibed in instrument number440 442 .

12 Rideau Street : part of Lot 263, Original Survey, City of Kingston , County of Frontenac and being designated as Parts 2 , 4, 6, 7 and 13 on Reference Plan '3R-7084 , TOGETHER wi th rights- of-way more par ticularly described in instrument number 440441.

14 Rideau Street

Owner : Richard G. Walker 14 Rideau Street , Kingston , Ontario

Description :

Part of Lot 263 , Original Survey, City of Kingston, County of Frontenac , and being designated as Parts 3 , 5 , 9 , '1, and 12 on Reference Plan 13R-7084 , SUBJECt to a right-of-way more particularly described in instrument number 440443.

210 Sydenham Street NOrth

Owner : sequin Investments Limited

Description :

~LL AND SINGUL~R that certain pa rcel or tract of land and premises situate , lying and being in the City of Kingston , in the County of Frontenac , and consisting of that part of Lot Number Three Hundred and Thirty-Seven (33 7) as shown on the original survey of the Town, now the City of Kingston, which may be more particul arly described in instrument number 93 462.


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