City council effectively refused an offer to buy heritage features of a York Road property for $1, opting to seek protection of them through provincial legislation.
During its meeting on Monday, council unanimously agreed to advertise its intent to designate 919 York Rd. under Part IV of the Ontario Heritage Act, which is intended to preserve structures of cultural heritage value for future generations.
The property’s owner, Brodie Limited, is opposed to designation. In a letter to council from its lawyer, Brodie Limited states designation would force repairs on the building only to see it mothballed and continue to sit empty in perpetuity.
“There is a better solution: My client is more than willing to convey the western portion of the property containing three listed structures … to the city for $1. From there, the city could designate the property at its discretion without opposition, and could work with partner organizations to restore the structures as part of the Reformatory Cultural Heritage Landscape,” states the letter from lawyer Kevin Thompson.
“If the city is interested in further discussions about a mutually agreeable path forward for these structures, my client is happy to meet.”
No one on council made note of the offer or asked questions of staff about it. Nor was the offer highlighted in the staff report to council, which included a recommendation to designate it under the OHA.
Once the intent to designate is published, the owner has 30 days to file an appeal to challenge the designation.
“Restoring the property with no viable after-use is not a fair ask of a private owner and sends the message that public sector owners such as the GRCA (Grand River Conservation Authority) are held to a lesser standard,” Thompson’s letter adds, referring to a former heritage property at 797 Victoria Rd. N. that was approved for dismantling earlier this fall. “We implore you to defer any decision on designation, and direct staff to engage in discussions with our client regarding acquisition of the western portion of the property. “
Council gave no such direction to staff.
The property at 919 York Rd. contains a stone farmhouse built in 1860, as well as a stone gate and stone shed associated with the adjacent former Guelph reformatory lands.
As outlined in the staff report, the property has been the subject of numerous property standards bylaw orders in recent years related to the roof, front porch, soffits, facia and the building not being secured.
The front porch, which was replaced by a previous owner in 1969, is not considered a heritage feature and was demolished last January under a permit approved in 2017.
During an inspection this past March, the building was found not to be secure once again, as the window and door barriers previously installed by the owner had been removed to gain access. A follow-up inspection in July found the main roof was starting to cave in and the building still not secure.
An order was issued that day due to “serious” safety concerns and “the structure being constantly neglected, unsecure and in close proximity to a children’s daycare,” the report explains.
A demolition permit for the building was applied for on July 20, but that was denied by city staff. The property, known historically as 895 York Rd., is already listed on the municipal register of cultural heritage properties.
In summarizing the historical significance of the property, city staff note the stone farmhouse has “design value or physical value” as an early and representative example of mid-19th century rural farmhouse construction using heavy timber log and fieldstone construction methods.
The province bought the home in 1910 and used it to house reformatory staff whose duties included watching out for escapees.
A majority of the stone gate is protected under Part III of the Ontario Heritage Act, which recognizes the former reformatory lands as a heritage property of provincial significance. Staff’s recommendation, if approved, would see the balance of the gate protected.
The stone shed, located behind the farmhouse is “functionally, visually and historically linked to the Matthews farmhouse and to the adjacent Ontario Reformatory cultural heritage landscape,” the report notes.
Heritage Guelph approved a motion during its Nov. 8 meeting urging council to designate the property under Part IV of the OHA.
Ward 1 councillor Dan Gibson asked staff to confirm a heritage designation wouldn’t impact future potential for redevelopment of the nearby former Guelph legion building, to which they noted it would not.
