Official Plan Policy:
The Windsor Official Plan includes protection of heritage resources (9.3.4.1). "Council will protect heritage resources by: (b) Requiring any person who proposes to demolish or alter a designated heritage property to submit plans to Council for approval under the Ontario Heritage Act; (c) Requiring that, prior to approval of any alteration, partial demolition, removal or change in use of a designated heritage property, the applicant demonstrate that the proposal will not adversely impact the heritage significance of the property (d) Requiring that, prior to approval of any alteration, partial demolition, removal or change in use of a designated heritage property, the applicant prepare, to the satisfaction of the Municipality, an archival record for submission to the municipal archives;".
Risk Analysis:
The owner has already completed work without permits. The proposed work to add a railing or to revert to earlier versions of the plan will have an impact on the heritage appearance of the property. Prior to heritage designation, an unoriginal balcony also existed on the property. Approval of Recommendation I would allow the installation of a required railing and facilitate building permit review and inspections of work already conducted. Approval of Recommendation II, III, or V would require the applicant to alter the completed parapet feature. Further enforcement action by the Planning & Building department would be required if no Heritage Alteration Permit is issued. Implementation of an approved Heritage Alteration Permit can take place alongside Building Permit review processes that are also required.
The risk of allowing an alteration that is not up to Heritage Standards may set a precedent for others who may attempt to make alterations to properties without permits.
Financial Matters:
The property owner is responsible for the full cost of alterations and required repairs to reinstate the heritage attributes.
Consultations:
Heritage Planning staff have communicated with the owners and visited the subject property, and also consulted with Building Department staff regarding plans review and Building Permit requirements.
Conclusion:
Council can choose to approve the Heritage Alteration Permit request of the owners of 2161 Riverside Drive West to include a new balcony to the property, or require the reconstruction of the designated heritage attributes.