pg 1 of report pb-74/09 development and infrastructure

Pg 1 of Report PB-74/09

DEVELOPMENT AND INFRASTRUCTURE DIVISION

Planning and Building Department

TO: Chair and Members of the Community Development Committee SUBJECT: Statement of Intention to Designate 2084 Old Lakeshore Road

Report Number: PB-74/09 Report Date: September 18, 2009

Author(s): Alana Mullaly / Mariana Iglesias Date to Committee: October 5, 2009

Telephone: 905 335-7600 Ext. 7870/ 7555 Date to Council: October 19, 2009

Ward(s) Affected: 1 2 3 4 5 6 All File Number(s): 502-02-34.2 APPROVALS:

___________________

Department Head

___________________

General Manager

__________________

City Manager

To be completed by the Clerks Department

Committee Disposition & Comments

01– Approved 02 – Not Approved 03 – As Amended 04 – Referred 05 – Deferred 06 – Received & Filed 07 – Withdrawn

Council Disposition & Comments

01– Approved 02 – Not Approved 03 – As Amended 04 – Referred 05 – Deferred 06 – Received & Filed 07 – Withdrawn

1.0 RECOMMENDATION: THAT Council state its intention to designate the property at 2084 Old Lakeshore Road, Burlington, pursuant to Part IV of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18, section 29; and THAT if there are no objections to the designation in accordance with Section 29(6) of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18, the City Clerk be authorized to present the designation by-law to Council designating the property at 2084 Old Lakeshore Road, Burlington, pursuant to Part IV of the Ontario Heritage Act; and


THAT if there are any objections in accordance with Section 29(7) of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18, to the designation of 2084 Old Lakeshore Road, Burlington, the City Clerk be authorized and directed to take the necessary action.

Location Sketch – 2084 Old Lakeshore Road

AREA AFFECTED

2084

2097

2100

2069

20

2096

2093

21

2101

2072

2076

2092

2105

2104

2100

2111

20

2103

2107

2114

2108 2

2083

2084

2097

2100

2069

20

2096

2093

21

2101

2072

2076

2092

2105

2104

2100

2111

20

2103

2107

2114

2108 2

2083

LAKESHORE RD.

PEA

RL

ST.

OLD LAKESHORE RD.

¯


Current Photo of 2084 Old Lakeshore Road (below)

EXECUTIVE SUMMARY: N/A 2.0 PURPOSE: Planning and Building Department report PB-74/09 identifies the cultural heritage value of 2084 Old Lakeshore Road (the former “Estaminet”) as a property of significant cultural heritage value and outlines the policy and legislative context within which staff is recommending that Council state its intention to designate pursuant to Part IV of the Ontario Heritage Act, R.S.O. 1990. 3.0 BACKGROUND AND DISCUSSION OF PROVINCIAL PLANS AND POLICY: The property is located within the Old Lakeshore Road Precinct of downtown Burlington. This precinct has been the subject of a recent land use study and associated policy changes that have been adopted by Council to guide development within this area. As discussed in Section 3.2 below, these policies encourage the retention and protection of significant cultural heritage resources. The designation of 2084 Old Lakeshore Road is a positive step towards implementing the vision for the area as articulated in the policies of the Official Plan and related urban design guidelines for the Old Lakeshore Road Precinct. 3.1 Ontario Heritage Act (OHA): Amendments to the Ontario Heritage Act (OHA) in 2005 enable municipalities to identify and protect significant cultural heritage resources. In 2006, the Province enacted two accompanying


regulations to assist municipalities in the identification of places and material objects that have cultural heritage value or interest at the local and provincial levels (O. Reg. 9/06 and O. Reg. 10/06, respectively). The subject property meets the Criteria for Determining Cultural Heritage Value or Interest of Ontario Regulation 9/06 as follows: (2) 1. The property has design value or physical value because it,

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

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

institution that is significant to a community; (2) 3. The property has contextual value because it,

i. is important in defining, maintaining or supporting the character of an area, ii. is physically, functionally, visually or historically linked to its surroundings

Based on the fact that the subject property fulfills the above-noted criteria, staff recommends that Council state its intention to designate the property pursuant to Part IV, section 29 of the OHA. 3.2 Burlington Official Plan: Burlington’s Official Plan states “heritage resources shall be conserved” (Part II, 7.0). Among the objectives of the Plan is “(the) control (of) the demolition, destruction and inappropriate alteration or use of built heritage” (Part II, 7.2 e). The Plan envisions the implementation of this objective via “the designation of individual heritage properties and heritage landscapes, under the provisions of the Ontario Heritage Act” (Part II, 7.4 a). The Official Plan contains objectives and policies that are consistent with staff’s recommendations. Namely, that “cultural heritage resources of significant cultural heritage value shall be identified and conserved” (Part II, 8.1 a) and that “cultural heritage resources shall be valued not only for their physical or material elements, but also for their historical associations” (Part II, 8.1 d). Moreover, the Plan states that cultural heritage resources, including cultural heritage landscapes shall be conserved in accordance with legislative authority (e.g. designation, heritage easement agreements, etc.). Furthermore, Part III, Section 5.5.7.2 h) of the Official Plan sets out site specific policies for key cultural heritage resources identified within the Old Lakeshore Road Precinct, including 2084 Old Lakeshore Road. This policy states:

“Significant cultural heritage resources should be preserved and integrated into new development. The relocation of cultural heritage buildings within the precinct will be considered, including within a conservation authority setback from Lake Ontario, as an alternative to removal of such buildings.


The transfer of development rights to other lands within the Old Lakeshore Road Precinct is permitted for the following properties, subject to approval of such plans by City Council, as a means of preserving in perpetuity the buildings identified below:

- 2084 Old Lakeshore Road (former Estaminet): A floor area of 1,000 sq. m. may be

transferred to other lands in the West Sector once the building has been designated pursuant to Part IV of The Ontario Heritage Act and a conservation easement has been granted for the entire building in favour of the City by the owner of the property.”

Staff’s recommendation to move forward with designation is consistent with the above-noted objective to preserve this cultural heritage resource in perpetuity. Staff notes that no development applications pertaining to this property have been received at the time that this report was written. 3.3 Old Lakeshore Road Precinct Urban Design Guidelines (Guidelines) Adopted by Council on July 6, 2009 as an implementation tool, the Guidelines identify conservation of built heritage as an important component of the overall design vision for the Precinct. The Guidelines recognize the limited redevelopment potential of the Precinct’s south sector (within which 2084 Old Lakeshore Road is included) and state that “heritage properties would ideally by preserved in their existing location” (Section 1.2.1b). Staff’s recommendation to proceed with designation of 2084 Old Lakeshore Road is consistent with the Council-approved Guidelines. 3.4 Burlington Strategic Plan (Future Focus VII) Staff’s recommendation is consistent with the City’s Strategic Plan and specifically, with the following Plan objective:

Support and celebrate the arts, culture and heritage assets and resources of the community, including international relationships.

4.0 DISCUSSION: 4.1 Cultural Heritage Value: Statement of Significance

“Estaminet Standard Hotel”

2084 Old Lakeshore Road (Plan 92, Block U, Lot 3, Pt Lots 2&4) Description of Historic Place 2084 Old Lakeshore Road is located within the Old Lakeshore Road Precinct. The property is bound by Old Lakeshore Road to the north, Rambo Creek to the east, Lake Ontario to the south and Pearl Street to the west. The property supports a 2-storey building, constructed prior to


1870, in a 3-bay Georgian style. The building is clad in aluminum siding, has replacement windows, and some original/early wooden millwork (eaves and porch scrollwork). There are several later additions to the south and east elevations. Cultural Heritage Value The cultural heritage value of the Estaminet Standard Hotel (Estaminet) building lies in its design value, its historical and associative value and its contextual value. Physical or Design Value: Constructed prior to 1870 in the Georgian style, the Estaminet building is a 3-bay frame structure with a truncated hipped roof, simple lines and minimal adornment reflective of the Georgian period in Canada (1820-1850). Photographs from the early 20th century depict a 3-bay window projecting from the easterly elevation in a polygonal design. The north-facing (front) covered porch with slight bell cast roof and detailed scrollwork remains. It is likely that the bay window (no longer extant) and the porch were added to the structure in the very late 19th century/early 20th century. A single masonry chimney at the north easterly corner of the building is shown in early photographs. A chimney remains in this location today (of early to mid-20th century construction). Over the decades the building has been enlarged to accommodate an expanding service commercial use. The original building masses, however, remain and are clearly distinguishable from the later additions to the south and east. Period details including the porch, wooden eaves, and proportion of the openings (including the central entry with demi-sidelights and transom) remain. Historical and Associative Value The property was originally purchased from Joseph Brant by the Gage family as part of a 338 acre parcel. In the early to mid 1800’s, Andrew Gage inherited a portion of the Gage acreage which included the lands presently known as 2084 Old Lakeshore Road. A dwelling was constructed on the property (it is believed that this residence is the building that remains on the property today, making the Estaminet building among the oldest remaining buildings within the City). In 1870, the property was purchased by Lieutenant-Colonel William Kerns. William Kerns made substantial contributions to both the political and mercantile history of Burlington, serving twice as the Reeve of the Village of Burlington (1879-1882, 1899-1905), a trustee of the local school board, and a long-term business partner of John Waldie and Company (together owned the General Store at present day 2021 Lakeshore Road). He was elected to the Provincial Legislature as Halton’s representative as a member of the Conservative Party in 1883 and served the electorate in this capacity until 1898. Kerns owned the property until 1917 when it was purchased from his estate by Mr. Harold Lazier, an adjacent landowner. The “Estaminet Standard Hotel” opened, with four tables, under the management of George and Emma Byrens in 1919 (the property continued under the ownership of Mr. Harold Lazier until 1930 when it was purchased by Ms. Emma Byrens). During Ms. Byrens’ proprietorship the restaurant expanded and flourished to international notoriety. Following her retirement in 1952, Ms. Byrens sold the property to Reginald Cooper who operated it until 1963 when it was taken


over by his son Brian. The younger Mr. Cooper made several enlargements to the building yet was able to maintain the comfortable atmosphere that the Byrens had created. The property has since changed ownership several times. From the outset, the Estaminet was billed and regarded as “Canada’s House of Hospitality” serving patrons including: Louis St. Laurent, L.B. Pearson, John Diefenbaker, Barbara Ann Scott, Robert Service, A.Y. Jackson, Louis Armstrong, Jackie Robinson, Mickey Mantle, Liberace, John Robarts, and Bill Davis. International dignitaries and local residents alike have signed the Estaminet guest books dating from 1919 (these remain within the Joseph Brant Museum Collection). The establishment has figured prominently in both civic and social life serving as an important venue for long-standing service clubs including the Zonta Club, the Free Masons, the Lion’s Club, and the Rotary Club. Generations of Burlingtonians have celebrated milestone events at the Estaminet: weddings, anniversary celebrations, New Year’s celebrations and retirement parties too great to number. Further, events including a landing/farewell party for the officers and crew of HMCS Burlington (1941), official opening ceremony of the present day City Hall building, Miss Canada events, countless fund raisers and bridge parties, have all entrenched the Estaminet in the socio-cultural landscape of Burlington and beyond. The building has operated continuously as a restaurant since 1919 and is today known as the “Water Street Cooker”. “Emma’s Back Porch”, named for the original proprietor, is a more casual restaurant operated within the later additions to the original building. Contextual Value In the late 19th and early 20th century, Burlington’s waterfront lands were dotted with hotels, restaurants and drinking establishments, including the well-known “Ocean House Hotel” (at Burlington Beach), and the “Brant Inn” (at present day Spencer Smith). The construction of the radial electric line and the paving of the Lakeshore Highway (presently Lakeshore Road) in the early 20th century opened up Burlington Beach and the former Wellington Square to Regional traffic seeking high end dining and entertainment. Opening in 1919, the Estaminet was well situated within “the Square” to attract travelers from the U.S. border, Hamilton and Toronto. Less grand than its earlier counterparts, the Estaminet is the only such lakefront establishment that remains. 2084 Old Lakeshore Road contributes to our contemporary understanding of the evolution of Burlington’s agrarian and port history. The Estaminet building has weathered the evolution of Wellington Square’s/downtown Burlington’s shift from an agrarian and related manufacturing-based economy to an economy deeply rooted in the area’s identity as a hub of service commercial and entertainment land uses. Character-Defining Elements/Heritage Attributes Important to the preservation of the Estaminet are the following heritage attributes:

• The original central and westerly building masses


• The building elements reflective of the Georgian period, including:

o The truncated hipped roof;

o The proportion of the 3-bay fenestration pattern (including the proportion of the central entry way with demi-sidelights and transom);

• The covered north-facing verandah with decorative Regency style scrollwork; and

• The wooden eaves.

(Note that the building masses to the east and south of the original/early masses are not recognized as part of the property’s cultural heritage value.) 5.0 FINANCIAL MATTERS: With the exception of printing costs associated with publication of a notice of intention to designate in the newspaper, there are no financial implications resulting from the adoption of the recommendations in this report. Should Council accept staff’s recommendation to state its intention to designate 2084 Old Lakeshore Road and an objection is served on the City Clerk, costs associated with an appeal to the Conservation Review Board may ensue. 6.0 ENVIRONMENTAL MATTERS: The subject property is situated along the shores of Lake Ontario. The property is within Conservation Halton’s regulated area. Staff note that maintaining and improving the building within its existing footprint as a heritage structure would be permitted within Conservation Halton’s policies. No other environmental matters arise from staff’s recommendation. 7.0 COMMUNICATION MATTERS: 7.1 Municipal Heritage Committee (Heritage Burlington) Staff has presented staff’s recommendation to Heritage Burlington. Planning staff and members of the Heritage Burlington Committee undertook a site visit on September 11, 2009. The Committee will be providing its detailed comments to the Community Development Committee under separate cover of this report. 7.2 Notice Requirements: Should Council accept staff’s recommendation to state its intention to designate 2084 Old Lakeshore Road, the Ontario Heritage Act (Section 29, 1.1) requires that notice of the intention be provided to the City Clerk and that notice shall be served on the owner of the property, the Ontario Heritage Trust, and published in a newspaper having general circulation in the City. The notice must contain:

a) An adequate description of the property so that it may be readily ascertained;


b) A statement explaining the cultural heritage value or interest of the property and a description of the heritage attributes of the property; and

c) A statement that notice of objection to the designation may be served on the City Clerk within 30 days after the date of publication of the notice of intention in a newspaper of general circulation in the municipality.

The owner of the property is aware of staff’s recommendation and will be provided with a copy of staff’s report as well as the details pertaining to the October 5th Community Development Committee meeting. At the time that this report is being written, the owner of the property has not raised any objections to staff’s recommendation. 8.0 CONCLUSION: Based on the cultural heritage value of the Estaminet property, and specifically its design, its historical and its contextual value, staff recommends that Council state its intention to designate 2084 Old Lakeshore Road pursuant to Part IV of the Ontario Heritage Act. As the last remaining waterfront establishment from the early 20th century, and potentially one of the oldest remaining downtown buildings, the Estaminet contributes to our understanding of the evolution of Wellington Square and Burlington’s coming of age as a Regional destination. The Estaminet building is a landmark within the Old Lakeshore Road Precinct and merits the type of protection afforded by designation. Respectfully submitted, Alana Mullaly Mariana Iglesias Planner – Heritage & Development Planner – Heritage & Development Reviewed By: Bianca M. V. Bielski, Manager of Development Copy filed: s:\inet\


Appendices: Appendix 1: Historic Images of 2084 Old Lakeshore Road Staff / Others Consulted: Name Telephone Heritage Burlington

Burlington Historical Society

Notifications: Name Mailing or E-mail Address

2082 Lakeshore Holdings Ltd. Ms. Jane Ann Newson, Chair, Heritage Burlington

Planning to provide. Via Clerk’s Department

Special Instructions: If recommendation approved, notice of intention to designate to be published in newspaper and served as required.


Appendix 1: Historic Images of 2084 Old Lakeshore Road

Above: Photograph Circa 1920’s (Courtesy of Burlington Historical Society)


Above: Postcard Image Circa 1925 (Courtesy of Burlington Historical Society)

Above: Photograph Circa 1973 (Courtesy of Burlington Historical Society)

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