REPORT TO DEVELOPMENT SERVICES COMMITTEE

 

 

 

 

 

TO:

Mayor and Members of Council

 

 

FROM:

Jim Baird, Commissioner of Development Services

 

Valerie Shuttleworth, Director, Planning & Urban Design

 

PREPARED BY:

George Duncan, Senior Heritage Planner

 

 

DATE OF MEETING:

2006-01-10

 

 

SUBJECT:

DEMOLITION PERMIT APPLICATION

 

HERITAGE HOUSE AT 32 CHURCH STREET

Markham Village Heritage Conservation District

James Therien, Applicant

File No. 05 025286 DP

 

RECOMMENDATION:

That the report titled “Demolition Permit Application, Heritage House at 32 Church Street,” be received;

 

And that the demolition permit application be refused, as recommended by Heritage Markham, on the basis that the house is a significant heritage building in the Markham Village Heritage Conservation District;

 

And that given the heritage significance of 32 Church Street, the owner is encouraged to work with Heritage Markham and Town staff to develop a plan to restore the house and design a sympathetic new addition.

 

PURPOSE:

To discuss issues concerning a demolition permit application for a significant heritage building in the Markham Village Heritage Conservation District and recommend refusal of the application.

 

BACKGROUND:

32 Church Street is a significant heritage building located in the Markham Village Heritage Conservation District

The house at 32 Church Street is a significant heritage building in the Markham Village Heritage Conservation District. Known as the Wilson-White House, the dwelling is a one storey, frame building dating from c.1855. The house is a good example of a mid 19th century tradesman’s cottage. It dates from the early period of Markham Village’s development as a regional centre of industry, business and supporting residential and institutional uses. Its location at the east limit of the original village plan, marked by the jog in the road where a later subdivision of 1856 adjoins the 1850 plan, represents a significant cultural heritage landscape. A detailed research report is attached as Appendix “A.”

 

In the original District Plan, the house was classified as a “C” type building, perhaps because the consultants that prepared the assessment did not recognize that 32 Church Street (among others) was a heritage building of some age. In an updated building classification prepared by Heritage Section staff in 2004-2005, the building is rated as an “A” due to its historical, architectural and contextual significance.

 

The owner has recently been through Site Plan Approval for a new garage with loft

In 2004, the owner applied for Site Plan Approval for the construction of a new detached garage with loft, in the rear yard. The building is presently under construction. This new garage is intended to replace an older garage on the property. A separate demolition permit application for the old garage was received at the same time as the demolition permit application for the house. Heritage Section staff and Heritage Markham have no objection to the demolition permit being issued for the garage, which is not considered a heritage structure. In 2000, a new front verandah was built without formal approval, and this issue is currently being dealt with by the Building Department.

 

The owner initially considered moving the house back from the front property line

The owner of 32 Church Street has been considering options for the house over the past year. Initially, he discussed with Heritage Section staff his concerns with the proximity of the house to the street line and issues of vandalism, trespassing and potential danger from traffic connected with the location. At its closest point, according to a current property survey, the building is 1.5 meters (4.83 feet) from the front property line. This situation is not unique in the heritage district, as there are a number of other houses set as close, or closer, to their front property lines.

 

Mr. Therien discussed the idea of moving the building back on the property to increase the front yard setback. Staff advised the owner that relocation was not supported because the setback of the house is a significant part of the building’s character and the character of the heritage district. Relocation of heritage buildings is generally not supported from a heritage conservation “best practice” standpoint. This position is a policy within Markham’s Official Plan - Heritage Policies and addressed in the Markham Village Heritage Conservation District Plan - Building and Site Design Guidelines. However, this position does not preclude making improvements to the property or building. Staff support the construction of a new foundation with a full basement provided the house remains at its existing location.

 

Demolition and replacement with a new house was the next option considered by the owner

The condition of the building is another concern raised by the owner in his discussions with Heritage Section staff over the past year. Mr. Therien has noted that the house has only a partial basement and that the roof has persistent leaks, particularly where a large shed roofed dormer has been added to the rear roof slope. His opinion is that the house has been altered to an extent that the heritage value has largely been lost and that the building is not worth improving from a financial perspective. Rather than moving the house back on the lot and constructing an addition to it, the owner now wishes to demolish it and build a new home.

 

 

 

OPTIONS/DISCUSSION

A site visit was conducted by members of Heritage Markham and Heritage Section Staff on November 25, 2005.

The exterior and interior of 32 Church Street were viewed in a recent site visit. The interior of the house has been extensively remodeled and does not retain any period trim or other architectural details; however, the exterior retains the form of the original c.1855 tradesman’s cottage and most door and window openings have remained intact, though the sash and doors themselves have been replaced with modern materials. Based on comparison with early photos of the building from the archives of the Markham Museum, the exterior could be restored largely by removing later claddings from the underlying wood finishes (See photographs, Appendix “B”).

 

The building appears to be in good condition and could be restored

Based on the recent site visit, the house appears to be in good condition, though the basement is only partial and is accessed by a trap door. The entire ground floor structure has been solidly rebuilt using modern materials and construction techniques. The exterior of the house, which is the only area subject to heritage protection and guidelines, could readily be restored using the available historical photographs as a guideline. An addition designed in keeping with the heritage character of the house and using the policies and guidelines of the District Plan could add to the viability of the heritage building as a home meeting present-day needs. Heritage Section staff has produced a conceptual elevation of a restoration plan and a possible addition (See appendix “C”).

 

Heritage Markham recommends that the demolition permit application be refused

In view of the historical, architectural and contextual significance of 32 Church Street, Heritage Markham recommends that the demolition permit application for the house be refused, and that the owner work with Heritage Markham and Town staff to develop a plan to restore the house and design an appropriate new addition (See Extract from the December 14, 2005 meeting of Heritage Markham, Appendix “D”).

 

A letter of receipt of the demolition permit application has been sent to the applicant

In accordance with the provisions of the Ontario Heritage Act, Town staff has sent the owner/applicant a letter acknowledging receipt of the demolition permit application (See copy, Appendix “E”).

 

Council has three options concerning the demolition permit application

Under the municipal powers provided by the Ontario Heritage Act, after having consulted with its municipal heritage committee, Council may give the applicant:

 

a)      the permit applied for;

b)      notice that the council is refusing the application for the permit; or

c)      the permit applied for, with terms and conditions attached.

 

If Council decides to approve the issuance of a demolition permit (even though Heritage Markham has recommended refusal), the following terms and conditions should be imposed:

-         advertising of the building for relocation to another site

-         documentation and salvage of heritage materials in accordance with Heritage Markham’s Documentation and Salvaging Policy

-         obtaining Site Plan Approval for a new dwelling on the property

 

Council can refuse the demolition permit on the basis on the building’s heritage significance and its context within the Markham Village Heritage Conservation District

On the basis of Heritage Markham’s recommendation and the heritage significance of the building and its context within the Markham Village Heritage Conservation District, it is recommended that Council refuse the demolition permit application. The owner should be encouraged to work with Heritage Markham and Town staff to seek a solution that will preserve and restore the heritage house and provide for a compatible new addition to meet the owner’s needs.

 

Council has permanent demolition control under the new Ontario Heritage Act

Under the new Ontario Heritage Act, Council has the ability to impose permanent demolition control on either individually designated heritage properties or properties located with heritage conservation districts. The owner has the right to appeal the refusal of a demolition permit application to the Ontario Municipal Board.  It should be noted that under the old act, the Town could delay, but not prevent, the demolition of a designated building. This legislative change has strengthened the effectiveness of the Town’s heritage conservation efforts.

 

FINANCIAL CONSIDERATIONS:

There are no financial considerations to be considered in this report.

 

ENGAGE 21ST CONSIDERATIONS:

The preservation of heritage buildings within a designated heritage conservation district aligns with the Corporate goal of maintaining a Quality Community by protecting the sense of community as represented by the built heritage of a neighbourhood.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

Once Council has made a decision about this application, the Clerks Department will need to notify the owner/applicant of that decision.

 

ATTACHMENTS:

Figure 1: Applicant/Owner and Location Map               Appendix “C” – Restoration/addition concept by staff

Appendix “A” – Research report                                      Appendix “D” – Heritage Markham Extract

Appendix “B” – Historical photograph                            Appendix “E” –  Notice of receipt of application

 

 

 

 

 

 

 

 

Valerie Shuttleworth, M.C.I.P., R.P.P.

Director of Planning & Urban Design

 

Jim Baird, M.C.I.P., R.P.P.

Commissioner of Development Services

 

 

Figure 1:

 

File Path:          Q:\Development\Heritage\Property\Churchst\32\DSCJan10

 

Owner/ Applicant:

 

James Therien

32 Church Street

Markham ON

L3P 2L8

 

Tel.  905-472-5565

Cell  416-573-9770

Email jtherien@rogers.com

 

Location Map: