Mr. Leary introduced the application.
Councillor Oosterhof noted his concerns regarding the file and his displeasure at the issues regarding insurance rates. He asked how many attributes were required for a property to be designated. He further noted the work that the owners had done on the property and asked when work done prior to the designation counts towards the designation. Mr. Leary stated that two of the nine criteria must be met for designation and that the subject property meets three of the criteria. He explained that properties up for designation are evaluated as they currently stand and that modern additions like the columns and portico add to the features of the building. He stated that the building was fairly unique and as a whole adds value to the community.
Councillor Oosterhof reiterated his disappointment with the insurance industry and the province. He stated that Council had put a pause on designations to provide time for discussions regarding insurance issues. He asked that the Committee vote to recommend Council de-designate the building, arguing that the insurance rates risked the homeowner being forced to leave their home.
Mr. Legnini asked for clarification on why insurance companies were changing the insurance rates and if they were specifically mentioning the heritage designation. He further asked how easy it would be to restore the designation and if there were any arguments against the heritage value in the request to de-designate or if it was based on the issues related to insurance. Mr. Leary confirmed that there were no arguments against the heritage attributes. He stated that the building could be re-designated in the future. Mr. Konrad pointed to the materials submitted regarding the request and stated that some insurance companies stated that it was due to the heritage designation and others were vaguer.
Mr. Heissler stated that the mandate of the Kingston Heritage Properties Committee was to review items based on their technical merits and not political issues. He noted that he lived in one of the oldest designated houses in the city and has insurance coverage that is affordable. He further stated that the heritage designation on the property is supportable from a heritage perspective and that it is up to Council to make a political choice.
Mr. Gower agreed with Mr. Heissler' s statements. He expressed his concern regarding the statements in the submission about the difficulty of getting Heritage Impact Statements and noted that they are not difficult to obtain. He commented that the insurance company should not be changing the rates due to the designation.
Ms. Demitor asked for clarification on what was before the Committee and the process following the vote. Mr. Leary explained that the staff recommendation before the Committee is for them to deny the request. He further explained that the recommendation will go to Council where it will be considered.
The Vice-Chair offered an opportunity for members of the public to speak.
Kerry Shea explained that she was the owner of the property and acknowledged the work of the Committee in preserving heritage but urged the Committee to not make housing unaffordable. She stated that she had not spoken to Council prior to the designation but since then her insurance rates have become unaffordable. She explained that she had attempted several times to find affordable coverage but to no success. She further stated that she was soon to be in a position of choosing unaffordable insurance costs or paying her her mortgage. She commented that her request was not to ask the Committee to turn its back on heritage but to have compassion. She expressed her dissatisfaction on the way that the system was currently working. She urged the Committee to support removing the designation.
Don Taylor agreed that it was a difficult situation. He commended staff's work and stated his opinion that the insurance companies were at fault. He noted that he had lived in a designated building for over 50 years and his insurance had never asked about the designation. He further noted that the building had significant heritage attributes and stated his hope that a solution could be found.
Joseph Campbell thanked the Committee for the opportunity to speak. He stated that the owner was facing a 5-fold increase in her insurance premiums and was not contesting the heritage value of the dwelling. He noted that rural heritage designations have been paused by the City and changes were needed if designations were ever to continue in the area. He further noted that the insurance industry is not well-regulated and that further high-level discussions are needed between the province and the industry. He shared his belief that support from the Committee in overturning the designation would show that it had sympathy with homeowners. He reiterated that he was not arguing against history, only against the costs to this one property.
Mr. Legnini explained that in his experience insurance companies had never asked if a property was designated. He noted his confusion on the matter and stated his sympathies for the owner.
Mr. Rose highlighted his background working in the heritage industry and expressed his sympathies with the owner. He noted that the Committee was being requested to be political and it made him uncomfortable, further noting that the mandate of the Committee is technical and not political in nature.
Mr. Heissler agreed with Mr. Legnini and Mr. Rose that the situation for the owner was very difficult. He reiterated his previous comments related to the mandate of the Committee and stated that the decision to remove the designation or not lay with Council.
Councillor Oosterhof asked if staff were aware of other municipalities in Ontario that were dealing with this issue. He noted that Windsor had placed a part of their rural area into a Heritage District and asked if that would help solve the problem. He stated that Council would likely do the right thing for the owner but urged the Committee to support the owner by voting against the motion. Mr. Konrad stated that staff were aware of other municipalities dealing with similar insurance issues but that there was no clear, common approach yet. He confirmed that staff were working on that. He further stated that placing a Heritage District in the area would still place a designation on title. Mr. Gibbs confirmed that staff would be bringing a report for discussion soon on this topic.
The Chair was passed to Mr. Gower.
Ms. Demitor stated her belief that the Committee did not wish to place hardships on those with designated homes. She expressed concern that the Committee was becoming more involved in insurance issues which lay outside their mandate, similar to issues related to the Ontario Building Code. She noted that it was likely insurance issues would also arise in the urban area of the City. She stated her belief that issues like the one discussed should be sent directly to Council as they are a political matter.
The Chair was returned to Ms. Demitor.