Legal provisions:

The subject property is listed on the Windsor Municipal Heritage Register, but not designated. Section 27 of Part IV of the Ontario Heritage Act states that “the register may include property ... that the council of the municipality believes to be of cultural heritage value or interest”, without being designated . Also, “[T]he owner of the propert y shall not demolish or remove a building or structure on the property or permit the demolition or removal of the building or structure unless the owner gives the council of the municipality at least 60 days notice in writing of the owner’s intention to de molish or remove the building or structure or to permit the demolition or removal of the building or structure. ”

During the 60 days after notice, City Council (with Committee consultation) may initiate designation, or decide to take no action. If a property is proposed for designation, a notice of intent to designate must include a statement explaining the cultural heritage value or interest of the property and a description of the heritage attributes of the property, which are those features that are considered important to retain if any alterations to the property are proposed after designation. “Cultural heritage value or interest” is to be considered according to Ontario Regulation 9/06 .

There is no explicit provision for the Committee or Council to comment on additions to or remodelling a heritage-listed, non-designated property, other than removal/demolition of structures from the Register under the Ontario Heritage Act . There is also no explicit provision for approval of demolition subject to stated conditions.

Heritage designation is not being considered at this time and is not part of this report.

Heritage Considerations:

The rear attached enclosed porch to be demolished appears to have similar heritage/architectural style as the rest of the property. While the materials used to enclose the rear porch may not be original to the house, the brick pilings and door location on the exterior brick wall adjacent to the main floor kitchen suggests that there may have been a deck with or without the second floor balcony at original time of construction. A review of aerial photography shows a deck and balcony at this location in 1949.

Similar brick used on both exterior facade of main building and pilings for the rear enclosed porch.