Developer opposes plans for new heritage district
June 05, 2008
Terry Pender
RECORD STAFF
KITCHENER
The owners of long-vacant lots on Margaret Avenue are trying to scuttle the city's move to preserve the historic character of the Civic Centre neighbourhood.
Community Expansion Inc., a Kitchener-based company, objects to the height restrictions on new buildings proposed for the Civic Centre heritage conservation district.
"They are the only ones who have a complaint," Kerry Kirby, the chair of Heritage Kitchener, said in an interview.
"I hope the majority rules. The majority of people in that area want the heritage conservation district," Kirby said.
After about two years of study and public meetings, city councillors voted a few months ago to create the Civic Centre heritage conservation district.
Community Expansion Inc. did not respond to requests for an interview.
This is the oldest neighbourhood in Kitchener. Tree-shaded streets are lined with homes dating back to the 1800s. This neighbourhood was home to some of the city's early industrialists and community leaders.
"There are lots of old homes there that need to be saved," Kirby said.
The Kaufman family, who became famous for making boots and lumber, built mansions at 22 and 32 Margaret Ave. The Kaufman family offered to sell the buildings to the city to ensure the historic homes remained, but the city didn't want to purchase the properties.
The Kaufman mansions were sold to financier Heinz Kraushaar, who secured the permission of city council in 1988 to demolish the historic mansions and other nearby properties on Margaret Avenue. Kraushaar wanted to build condo- miniums.
After paying $1.9 million for the properties, Kraushaar razed six houses along Margaret Street to make way for two seven-storey buildings. One building would have 68 units. The second would contain 123 units.
About nine years later the city seized and sold the properties to recover unpaid taxes. The new owners of the Margaret Avenue properties, Community Expansion Inc., talked about a residential development for the site eight years ago, but nothing has happened since.
Twenty years after the landmark buildings were destroyed, the current owner is asking the Ontario Municipal Board -- a provincial tribunal that rules on land-use disputes -- to exempt a stretch of Margaret Avenue from the city's proposal for the fourth heritage conservation district.
"We only received one appeal," Leon Bensason, the city's heritage planner, said in an interview.
The creation of the district means the exterior of all the buildings, the old trees and streetscape are all protected under the Ontario Heritage Act.
Any changes to the buildings in the district that can be seen from the street must be approved by Heritage Kitchener, a committee that advises city councillors on heritage issues.
"I am disappointed we have to go through the process of preparing for an OMB hearing, but I am confident we can defend the principles and reasons behind the heritage conservation district," Bensason said.
This conservation district contains about 340 properties, mostly residential, but with some commercial retail and office uses, primarily along Victoria and Weber streets. Under the zoning changes that come with the conservation district, new buildings along Margaret Avenue cannot be higher than five floors.
On Lancaster and Queen streets new buildings are restricted to three floors.
Along Weber Street, a new building higher than three floors must be at least 15 metres from the rear property line. That rule aims to protect the old homes along Roy Street.
But it is the height restrictions for Margaret Avenue that sparked the appeal to the Ontario Municipal Board.
"I think the developer will get thrown out on his ear," Robert Shipley, a University of Waterloo professor of urban planning, said of the appeal.
"The city did an excellent study for this heritage conservation district, and the developer had lots of time before this to raise objections."
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) is practically the centre of the heritage district and could be densified with distinguished low-rise condos and/or townhouses that would respect and enhance the surroundings. Maybe not as lucrative as more slab highrises, but surely profitable if done right and done well. My humble opinion, anyway.
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