How does a community choose between its heritage and the need to intensify and at the same time treat the owners of property with the respect they deserve and ensure that their property rights are protected?

News 100 redBy Pepper Parr

May 23, 2015

BURLINGTON, ON

How does a community choose between its heritage and the need to intensify and at the same time treat the owners of property in the downtown core with the respect they deserve and ensure that their rights as property owners are protected?

Burlington has lost a lot of it heritage properties. The city seems to have a problem with wanting to keep buildings that reflect the character of the city as it went through its various development phases.

It was the citizens and two members of city council (both first term members) that saved the Freeman station from becoming kindling for a fire place.

The city has a deep rich history as the “garden of Canada” that many people are unaware of and something that is never celebrated.
That history could be used to create a more acute awareness of the past and use that to build an identity that is more than a magazine’s definition of Burlington as the best mid-sized city in Canada.

Burlington city councils’ have always had difficulty with fighting to save properties that have heritage value.

Studio - Ghent farm house - bigger view

View of the old Ghent farmhouse from Brant Street at the corner of Ghent Street.

There is a property on Brant Street that has very significant historical value that is part of a small land assembly. The property is currently on the municipal registry of historically significant properties and has been given an A rating.

The owner of the property wrote the planning department advising they wished to have their property removed from the registry. Sixty days after such a request the city has to either seek to have the property designated as historical under the Planning Act or issue a demolition permit if one is requested.

The question becomes – is this property significant enough to be designated?

Ghent house - bigger view

A wider view of the former Ghent Farmhouse and its neighbours today.

A Staff report put on the May 11th Development and Infrastructure agenda but pulled when the issue it was related to was withdrawn by the owners of property at 795 Brant.

The Planning and Building Department received a written request to remove the property from the Municipal Heritage Register to allow the demolition of the farmhouse. If the city does not take a position within the 60 day period, a demolition permit must be granted.

Council must make a decision as to whether to designate the property pursuant to the Ontario Heritage Act in order to protect it from demolition or to remove the property from the Municipal Register to allow its demolition.

Ghent farmhouse - rear view

A rear view of the former Ghent farmhouse – numerous additions have changed the look of the building – have those additions made the structure any less significant historically?

With the request to have the building taken of the municipal register withdrawn the matter is moot – but this issue will be back before Council in the not too distant future.

This request is being made to facilitate redevelopment of the subject property in conjunction with 789 Brant Street.

The Staff Direction set out in the report that was withdrawn makes it clear where the Planning department wants to go – that may not be where city council wants to go – and it is the elected officials who make the final decision.

Burlington City Council Group

The developer assembling the property and representing the owner is reported to have lined up at least four council votes. Which of these four are onside for the destruction of the house?

People acting for the property owner are believed to have lined up the four votes on council they need to vote against the Staff recommendation.

Staff asked that the city “State an intention to designate the house and property at 795 Brant Street, Burlington, pursuant to the Ontario Heritage Act.

“Authorize the City Clerk to present the Designation By-law to Council to designate the property at 795 Brant Street, Burlington, pursuant to Part IV of the Ontario Heritage Act if there are no objections to the statement of intention to designate in accordance with Section the Act and

“Authorize the City Clerk to take necessary action in the event that there are any objections in accordance with the Ontario Heritage Act.

The property has always been seen as historically significant. It was given an “A” grade when it was evaluated by Heritage Burlington in 1995, and later re-evaluated with the same “A” grade in 2003.

Ghent Gillies Maple Lodge 1902

Maple Lodge was built in 1854 by the Bent brothers, Jabez a brick maker, George a mason, and James a carpenter. George Ghent and his family lived for many years at Maple Lodge. The non-designated 161 year old historic home is in jeopardy of potential demolition, due mostly in part to the intensification policy of the Ontario Government. Maple Lodge is located at 795 Brant Street on the south east corner. This is how the home looked in 1902. Today, it is a commercial property.

Additionally, in 2014, Heritage Burlington retained a consultant to conduct a review of all formerly graded “A” properties on the Municipal Register to determine if they still belong on the Municipal Register. The recent review of the subject property by the consultant provided a grade of 82/100 (based on Heritage Burlington’s newly created “Evaluation Criteria”), and it was recommended it remain on the Municipal Heritage Register.

Currently, the property is within the boundary of “Downtown Growth Area” in the Official Plan; and zoned as “MXG” – “Mixed-Use Corridor Zone”.

The Planning department maintains that the “Maple Lodge” or “William Ghent House” or “Bray-Ghent Farmhouse” is a good example of an early vernacular style farmhouse; and is associated with the early farming in Burlington. “The house is significant as it provides the evidence of Burlington’s past. In addition, it has other important contextual, historical / associative, and physical/design values.”

One of the first families to settle in Brant’s Block was the Ghent Family. They had originally come to North America from Wales, settling in Maryland, then moving to North Carolina. As sympathizers with the British during the American Revolution, they were severely persecuted.

Ghent Gillies Rev David Ghent

The Reverend David Ghent was a brother to George Ghent and another son of Thomas Ghent and Elizabeth Davis. Rev. Ghent was instrumental in aiding William Lyon Mackenzie’s escape to the United States. Historically that was a very significant event. If this were the United states the house would have been saved years ago.

Thomas Ghent came to Canada with his wife’s family, the Davises, and was one of the early settlers in Saltfree Township. In true pioneering spirit, he purchased land from Joseph Brant in 1804, and became one of the founding families at Wellington Square. For 150 years, members of the Ghent family farmed continuously in Burlington.

The two-storey brick farmhouse was built in 1854 by Jabez Bent, who is also believed to have constructed the wall around the Union Burying Grounds and the Calvary Baptist Church (1446 Ontario Street).  Bent sold the house and its farm to Frederick Bray in 1859, and in 1896, the property was bought by William Ghent, who was the fifth generation descendant of Thomas Ghent. In 1909, Ghent divided the farm, including Ghent Avenue, into parcel lots. This house and its lot were bought by Edward Harmon and his sons in 1909. The house was a residence for the Alphonse Brooks family from 1935 to 1975, when it was converted to commercial use.

The Planning department describes the house as the last farmhouse in the area and is a landmark along Brant Street. The house is on its original location; and is a familiar structure in the context of the neighbourhood and downtown. The house is now surrounded by mix of land uses, such as, residential, commercial and mixed-use developments, and various architectural designed buildings.

“The “William Ghent Farmhouse” is a two-storey solid brick structure with end gable roof, and features symetrical three-bay façade and rear additions.

“The multiple rear additions were likely added over the years as the family grew. The rear and side additions feature gable roofs. The central door at the front façade has a detailed wood surround. Other architectural elements of the house include brick chimneys at the two ends of the gable roof of the original house; wide overhanging eaves and paired brackets under the eaves of the original house; and wooden window frames on the ground floor front façade and on both floors of the north-east side façade highlighted by wooden voussoirs.”

“There have been minor changes to the heritage attributes but the original character is retained. Visible changes to the building include painting of the brick façade, asphalt roof shingles, commercial signs, and windows and shutters have been replaced by aluminium framed single-hung one over one windows.

“Additional chimneys and skylights have been added. The rear yard of the property has been entirely paved to accommodate parking spaces and a driveway for commercial use, with the exception of shrub and coniferous trees to the side yards and lawn immediately in front of the house.

These are not minor changes by any stretch of one’s imagination.

The planners argue that “architecturally, the front façade and north-east side of the “William Ghent Farmhouse” is the most significant.

From a historical or associative perspective, the property satisfies the criteria for designation. Staff is of the opinion that the house is historically tied to its surroundings as the development around it (including Ghent Street) was part of the original farm.

“Staff does acknowledge that the house has been converted from its original purpose as a residence to commercial use. Nevertheless, they are of the the opinion that despite the alterations to the building and site, the property has retained much of its original character and fabric.

“The demolition of this unique style farmhouse would mean a significant loss of the property’s historic and cultural heritage values. Each heritage property that is lost incrementally undermines the city’s ability to understand and celebrate its past through tangible physical resources.

Hotel on lower Brant Street

Lower Rant Street with two of the downtown core’s most historically significant structures. Would these two buildings ever be asked to meet with a wrecking ball?

Burlington’s Official Plan contains a number of policies related to the conservation of cultural heritage resources calling for the city to protect, improve and manage its cultural heritage resources in a manner that furthers the heritage objectives of this Plan and sets an example of leadership for the community in the conservation of cultural heritage resources. Cultural heritage conservation planning shall be an integral part of the land use planning process in the City of Burlington.

There are apparently other options. Staff suggests there is a third option which is to enter into discussion with the property owner and recommend that the request for demolition be withdrawn until such time as a comprehensive review of options including the demolition, conservation and incorporation or partial conservation of the house be explored.

City staff recommended that the property not be removed from the Municipal Register to facilitate demolition and that Council state its intention to designate the property. With the withdrawal of the request to be removed the municipal registry those suggested discussions can now take place.

If the property were to be designated it would be eligible to apply to the Community Heritage Fund for eligible restoration project. This would cover up to 25% of eligible project costs to a maximum of $15,000.

Burlington’s Heritage Property Tax Rebate program could also be available to the owners of the property. Currently, the program is only for residential uses in accordance with the recommendation of Heritage Burlington in its 2012 report, A New Approach to Conserving Burlington’s Heritage, a commercial component will be explored for the 2016 tax year.

Clemens Jim - Heritage

An opinion on what to do with the property will be sought from the Heritage Advisory committee. Chair Jim Clemens will have much to think about with this one.

There apparently isn’t going to be a formal public consultation, however, both Heritage Burlington and staff visited the property and it is on the |Heritage Advisory committee’s agenda.

Should Council eventually accept staff’s recommendation to state its intention to designate 795 Brant Street, the Ontario Heritage Act requires that notice of the intention be given to the City Clerk, and that notice be served on the owner of the property; the Ontario Heritage Trust; and published in a newspaper having general circulation in the City.

What does all this mean to the people who own the property and want to sell it and take their profit and move on?

What does this mean top the developer who is assembling the property and planning a project that will fall well within the Official Plan and the applicable zoning bylaw?

How does a community choose between its heritage and the need to intensify and at the same time treat the owners of property in the downtown core with the respect they deserve and ensure their rights as property owners are protected?

Background:

The history of the Ghent family and their significance to the development of Burlington.

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2 comments to How does a community choose between its heritage and the need to intensify and at the same time treat the owners of property with the respect they deserve and ensure that their property rights are protected?

  • Dave H.

    The opposite of what Mr. Head said.
    Thanks.

  • Richard Head

    I’m getting sick and tired of ancient historical properties. Knock the old pieces of junk down, and the sooner the better. Give me a hi-rise anytime. It’s much more fun tossing beer cans back and forth to my buddies on the next balcony, not to mention having massive hi-rise parties anyway. Nobody can tell where the pot smoke comes from. Understand dude. If this City Council can get rid of this old crap, I’m all for it. Party on man.