Evan Manning, Senior Heritage Planner, provided a brief introduction to this item, reminding members that it was deferred from January's Heritage Markham meeting to allow the Applicant to confirm if alterations complied with By-law 2016-20, which was in question at the previous meeting. Mr. Manning advised that the by-law requires that 40% of the front-yard must contain softscaping given the applicant’s driveway width and lot frontage. Mr. Manning confirmed that Heritage Section Staff do not object to the paving of the driveway but object to the extent of paving in the formerly sodded front-yard. Mr. Manning advised that front yard alterations must conform to the requirements of the aforementioned by-law as well as direction in the Thornhill Heritage Conservation District Plan. In response to safety concerns noted by the Applicant at the previous meeting, Mr. Manning confirmed that Staff would be willing to work with the Applicant on a hammerhead driveway configuration to allow safe exit from the driveway onto John Street.
Councillor Karen Rea, Chair, confirmed that she would allow deputants who spoke to this application at the January Heritage meeting to speak again, asking them to ensure that they remain within the five-minute speaking limit.
Homeira Shahsavand, Applicant, provided a brief presentation highlighting the reasons for the front-yard paving, including safety concerns, lawn drainage issues, and additional play area for her children. Ms. Shahsavand also confirmed her understanding of the importance of greenspace in the neighbourhood.
Russol Heydari, Applicant, provided an update regarding the soft landscaping on the property. Mr. Heydari advised that a By-law Officer came to the subject property earlier in the week and confirmed that there were no by-law infractions as a result of the front-yard alterations. Mr. Heydari echoed the reasons for the front-yard alterations which were previously described by Ms. Shahsavand.
Zhila Heidari, Deputant and John Street resident, expressed her support for the front-yard alterations, noting that they were an improvement to the property. Ms. Heidari noted the high volume of traffic in front of the subject property as a result of its proximity to the intersection of John Street and Henderson Avenue. Ms. Heidari noted that the front yard was previously very muddy which was improved by the paving. Ms. Heidari also stated that the Applicant planted trees on the property and used high quality materials.
Massoud Mashadi, Deputant, expressed support for the application, noting that the front yard has improved in appearance. Mr. Mashadi also expressed concern regarding the volume of traffic along John Street and expressed support due to the safety concerns described by the Applicant.
David Jordan, Deputant and neighbour to the Applicant, expressed his support for the application and noted his disagreement with the Staff recommendations. Mr. Jordan briefly explained his reasons for support, which were also provided at the January 11th Heritage Markham Committee meeting. Mr. Jordan shared images of other homes in the area with substantial front-yard paving to emphasize his belief that the extent of the paving is not uncommon within the Thornhill Heritage Conservation District.
Barry Nelson, Deputant, requested to speak. It was confirmed that he did not make a deputation on this application at the January Heritage Committee meeting. Mr. Nelson urged the Committee to listen to the Applicant with empathy and noted that home use is vastly different post-pandemic. Mr. Nelson noted his agreement with the safety concerns expressed by the Applicant and advised that he has personally been on the property and has seen the issues first-hand. Mr. Nelson noted that as a previous member of the Heritage Markham Committee, he is an advocate of heritage conservation, but expressed that he does not believe this property is a true heritage structure.
The Committee members provided the following feedback:
- Emphasized the importance of removing safety from the discussion as the hammerhead driveway configuration would resolve safety concerns and is permitted within the Thornhill Heritage Conservation District Plan.
- Indicated the importance of adhering to policy in the District Plan as it will become more difficult for Committee and Council to maintain the integrity of the Plan if is not upheld in a majority of circumstances.
- Agreed that the arguments in support of the application (i.e. recreation and safety) are outside of the purview of the Heritage Markham Committee, which has the responsibility to examine the issue through the lens of the District Plan, regardless of the heritage character of the home itself.
- Noted that although some questioned the heritage value of the subject property, reiterated that it is within a heritage conservation district and thus is governed by the policies of the District Plan.