RECOMMENDATION:
THAT the Development Services Commission
Report entitled “Request for Relocation to Markham Heritage Estates - The Walker
House, 2920 16th Avenue, Eglinton Golf Enterprises”, dated August 30,
2005, be received;
THAT Council does
not support the request to relocate the James Walker House to Markham Heritage
Estates;
THAT By-law
Enforcement Division inspect the building to ensure it meets the requirements
of the Town’s Property Standards By-law and that the building is securely
boarded, if necessary, using the provision of the Town’s boarding by-law
(Closing of Abandoned or Vacant Building or Structures);
AND THAT as per
the most recent amendments to the Ontario
Heritage Act, staff be authorized to prepare a by-law amendment to the
Town’s Property Standards by-law for Council’s consideration to prescribe
minimum standards for the maintenance of the heritage attributes of property in
the municipality that has been designated by the Town, and to require property
that has been designated and that does not comply with the standards to be
repaired and maintained to conform with the standards.
PURPOSE:
To consider a request by Holly MacDonald and Anthony Nehme to relocate the
heritage building located at 2920
16th Avenue to
Markham Heritage Estates.
BACKGROUND:
Request received to relocate house to Markham
Heritage Estates.
Holly MacDonald and Anthony Nehme are requesting that the dwelling located
at 2920 16th Avenue be declared eligible for relocation to the
Markham Heritage Estates Subdivision (see Appendix ‘A’). The applicants have provided a letter from
the owner of the building, Eglinton Golf Enterprises Limited, confirming that
the owner is willing to provide the house to them.
The building is located on lands currently
used as a golf course
The subject building is located east of the
Rouge River, north of Sixteenth Avenue and west of Woodbine Avenue within the boundaries of the Markham Golf
and Country Club. Currently the building
is vacant.
In
the late 1980’s, the property was part of a plan of subdivision application
In 1988-89, the Town reviewed a plan of
subdivision for offices, a gas bar and a future development block which
affected this property. At the time,
Heritage Markham recommended that the heritage building be retained and
provisions made for its protection. However,
the plan of subdivision was not pursued by the applicant.
The
building is a significant heritage resource
The subject building is historically known
as the “Walker House” and was constructed circa 1858. The Walker family was among the early settlers of the
Buttonville district of Markham Township, with John Walker bringing his family
to Canada from Ireland in 1834.
The family originally lived in a log house prior to John’s son (James) building
a 1 ½ storey, brick and frame Georgian farmhouse. The red brick is accented with buff coloured
brick in the form of angled voussoirs over window and door openings, raised
alternating quoins, a raised belt course adjacent to the foundation and on the
front wall, and a decorative belt course that incorporates a sawtooth detail in
alternating red and white bricks.
Applicant
has previously attempted to relocate the subject building to Markham Heritage Estates
In September 2001, Holly MacDonald and Anthony Nehme submitted a request
to Heritage Markham to relocate the building to Markham Heritage Estates. They cited incompatible land use, inadequate
care and maintenance and vandalism as reasons why the building should be relocated. They had also secured a letter from Markham
Golf and Country Club indicating that they could have the building, if Council
approved its relocation to Markham Heritage Estates. Heritage Markham
received the request, undertook a site visit and recommended that the property
owner maintain and repair the dwelling, secure all openings and consider
options for re-use within the golf club setting.
In May 2003, Holly MacDonald asked Heritage
Markham to reconsider its previous recommendation. She noted that there appeared to be further
damage to the dwelling since October 2001 and that repairs had not been
undertaken. The building was vacant, unsecured and susceptible to
vandalism. Heritage Markham did
not support the relocation request, and recommended that the building be
retained on site with the owner undertaking the necessary repairs and boarding of
the building. The concept of a lot
severance was also discussed.
Ms. MacDonald indicated that she wished to
pursue the relocation option with Council, but was unable to proceed due to the
moratorium on building relocations to Markham Heritage Estates approved by
Council in July 2003.
In June 2003, Robert Turcotte, representing
the Buttonville Golf and Country Club applied for a demolition permit for the
subject building. Upon receiving a recommendation from Heritage Markham,
Council responded by approving the designation of the building under the Ontario Heritage Act in August
2003. The demolition permit application
was withdrawn by the applicant on August 25, 2003.
The building was designated by by-law 2003-314 on October
21, 2003.
Ms. MacDonald again contacted Heritage Section staff
in June 2005 and requested the opportunity to meet with Heritage Markham and
once again present her proposal for relocation.
Heritage
Markham still does not support relocation – make use of new
heritage tools
Ms. MacDonald and Mr. Nehme met with Heritage
Markham on July 13, 2005 and noted that there are no development applications
currently in the planning stages for this property and that the house is
deteriorating rapidly. Ms. MacDonald
provided comparison photographs showing the damage to the house over the past
eight years. She also expressed the
opinion that the owner was not interested in maintaining the property and is
letting the house fall into disrepair.
Heritage Markham
indicated that relocation to Markham Heritage Estates was not supported and
that the building should remain on site and be incorporated into future
development. The Committee also
requested Council consider adopting a new heritage property maintenance by-law
pursuant to recent revisions to the Ontario
Heritage Act, and that the current Town property standard by-laws be enforced
immediately to require the owner to board the house, repair and secure the roof
and repair the eavestrough (see Appendix ‘C’).
Staff has contacted the owner to request that
the lack of security and inadequate care and maintenance be addressed
immediately, including the boarding of all openings and repairs to the roof and
eaves. The owner was informed that if
not undertaken voluntarily, the Town’s By-law Enforcement Division would be in
contact to ensure the work was completed.
Study
of Markham Heritage Estates completed in 2004
Council approved a moratorium on homes being considered
for relocation to Markham Heritage Estates in July 2003 pending the results of
a staff initiated study to identify which homes have the greatest
historical/architectural significance and are the most threatened by
development. With only 16 lots remaining
in the Subdivision at that time, the aim was to keep the remaining lots available
for only those heritage homes that are truly threatened.
The study was undertaken by staff, endorsed by
Council and the moratorium was removed in November 2004.
OPTIONS/DISCUSSION:
Markham Heritage Estates was established to provide a
preservation option of last resort
The Markham Heritage Estates Subdivision is a specially designed
heritage subdivision that was established by the Town of Markham in 1988. This unique initiative provides a location
for relocation and preservation of significant heritage resources, which can no
longer be preserved on their existing sites. Consistent with good heritage
conservation practice, the relocation of heritage buildings to Markham Heritage
Estates is intended to be an option of last resort. All options to retain structures on their
original sites or at an alternate site nearby, must be exhausted before a
dwelling can be considered for relocation to Markham Heritage Estates.
Preservation of heritage resources on their original sites is important
The Town of Markham’s record for having
heritage resources preserved on their original sites is exemplary. The Town has
been careful to ensure that only those resources which are genuinely
threatened, and significant, with no other possibilities of preservation
elsewhere are eligible for relocation to the heritage subdivision.
The Heritage
Policies of Markham’s Official Plan maintain that “Council shall encourage the
retention of buildings of architectural and/or historical merit in their
original locations wherever possible.
Before such a building is approved for relocation to any other site, all
options for on-site retention shall be investigated.”
A majority of buildings, which have been relocated to Markham Heritage Estates,
have been directly impacted by road widening or by construction of major roads
such as Highway 407 and the Markham By-pass.
Fifteen lots remain in the forty-two lot subdivision
At the time that
it was established, the heritage subdivision consisted of 38, fully serviced
residential lots (plus a Block that could be divided into 2 lots). In 2001, another four lots were added to the
subdivision with the purchase of the adjacent Lunau Property, bringing the
total to 44. Of the 44 lots, heritage
buildings now occupy 29 lots. The total
number of remaining lots is 15.
Public requests
to relocate homes have increased in recent years
Although requests
initiated by an individual to relocate structures to the heritage subdivision
are not generally successful, given the primary objective of retaining
structures on their original sites, a significant number of requests are
received by Town (Heritage Section) staff each year. A particular concern has
been raised by Heritage Markham with respect to the increased number of public
requests. In a number of cases, the
persistent lobbying by people interested in relocating homes to the subdivision
to the owners of heritage properties has resulted in the generation of a threat
to certain buildings by reducing the desire of the owners to cooperate with the
Town to retain the buildings on site.
This has occasionally resulted in the commitment of a significant amount
of additional staff time to convince property owners to maintain heritage
buildings in their original locations.
Condition of the building is deteriorating
Staff acknowledge the building has deteriorated
over the last few years due to lack of maintenance and repair by the
owner. The building is vacant (apparently
since 1998) and suffers due to lack of security (windows and doors are
unsecured) and occasional vandalism.
Issues of concern include holes in the building fabric (roof and wall
areas) allowing both water and animal infiltration. The interior ceilings and floors have
suffered due to the exterior conditions.
The
owner has indicated that there are no alternative uses for the building
The owner has indicated that the golf course
has no use for the building, although it had previously been used as a groundskeeper
residence. The owner has further
indicated that relocation within the boundaries of the golf course or severing
the heritage building onto its own lot are not options they are willing to
pursue.
Recent study by staff ranked threatened buildings in Markham
The Markham Heritage Estates –
Study of Threatened Heritage Resources (2004) undertaken by staff found 130
potentially threatened heritage buildings in the Town of Markham. These were then assessed according to a
rating system and a priority list was established. This overall list was further assessed
against criteria related to how realistic it would be to relocate a specific
resource which reduced the priority list to 95 buildings, still a substantial
number of threatened resources. This confidential
listing is not intended to give pre-approval for relocation, but is a useful
guide for staff, Heritage Markham and Council when considering the relative
merits of any building for relocation.
The results of the listing are confidential so as to not add to the
potential threat of loss or deter the exploration of other preservation
options.
The subject property was evaluated and ranked 40th when
compared to all other threatened properties. Those buildings below the top 15 can be
considered for relocation on a case-by-case basis depending on the quality of
the building and the level of threat.
The list is intended to benchmark the relative importance of candidate
buildings for the Estates. Ultimate
decisions on relocation will continue to be at the discretion of Council,
having regard for recommendations of staff and Heritage Markham.
Building
Eligibility Criteria
The building eligibility criteria
for Markham Heritage Estates provide that:
- only significant heritage
buildings which are threatened and cannot be retained on their
original sites are eligible for
the heritage subdivision;
- buildings should be listed on
the Markham Inventory of Heritage Buildings;
- buildings must be located
within the present boundaries of the Town;
- buildings located in heritage
conservation districts and study areas will generally not be
considered; and
- only those structures
classified as Group 1 or 2 will be considered suitable candidates.
Council amended the above criteria on December
8, 1992 in order
to clarify the matters to be considered when evaluating the “threat of loss” of
a heritage building (See Appendix ‘D’). Two
of these additional criteria would appear to be relevant to this situation:
d) the extent to which the building is vacant
and threatened with loss through lack of security provisions, active vandalism,
and inadequate care and maintenance of important architectural details and
significant building fabric;
g) the extent to
which provision could be made for maintaining the building satisfactorily on
its present site, or relocating the building to another secure location on the
original property, in the immediate vicinity or to some other location in Markham deemed appropriate by Council.
At this time,
there is no development or infrastructure construction threat to the subject
building. The potential threat to the
heritage resource comes from a lack of maintenance and repair, and the fact
that it is vacant. In addition, there
are already 11 examples of the style of the house, Georgian Farmhouse in the
Subdivision.
New tools are available to assist in the protection and preservation of
heritage resources
The recent amendments to the Ontario Heritage Act have provided new
preservation tools for municipal government.
The first improvement is the ability say no to demolition. Municipalities have
the power to prohibit the demolition of property designated by the
municipality. Previously, demolition of
municipally designated heritage properties could be delayed, but not prevented. Owners could proceed to demolish after 180
days (from the date of refusal by Council) provided they had obtained a
building permit for a replacement building.
Now, if an application for demolition is
refused, the demolition will be prevented from occurring, subject to any future
application. If a demolition request is
refused by Council, the refusal can be appealed to the Ontario Municipal Board
(OMB) by the owner.
Secondly, revisions to the Act give municipalities
the power to enact a by-law to prescribe minimum standards for the maintenance
of the heritage attributes of properties individually designated by the
municipality (as well as for properties in heritage districts). The by-law can also require a designated
property, which does not comply with the standards, to be repaired and
maintained to conform to the standards.
The municipality must have passed a by-law under section 15.1 of the Building Code Act, 1992 setting out
standards for maintenance of property in the municipality. Markham has a Property
Standards By-law that could be amended to address this situation, as
recommended by Heritage Markham.
Summary of Facts
- The building is a significant heritage resource, designated under
the Heritage Act
- The building is vacant and in a deteriorating state due to lack of
maintenance and repair
- The owner does not appear to be willing to voluntarily maintain/
repair the building and has indicated he has no use for the building
on-site
- The building is not the subject of any current or proposed development
application and the owner does not appear willing to consider severance of
the property
- The building only meets the basic eligibility criteria for Markham
Heritage Estates due to the current threat loss related to inadequate care
and maintenance/security issues as well as the extent to which the
building could be re-used/relocated on-site
- New Heritage Act tools (i.e. a Heritage Property Standards By-law)
can allow the municipality to ensure that the building is boarded and
maintained to minimum standards (secure and mothball the building until
redevelopment occurs in the area)
- The building ranked 40th on the list of most threatened/significant
buildings.
- There are only 15 lots remaining in Markham Heritage Estates.
- Heritage Markham
does not support the relocation
Conclusions
Given that the there are only 15
lots remaining at Markham Heritage Estates and approximately 39 buildings that
are considered to be under greater threat and more significant than the subject
building, and that the threat to this building stems from a lack of maintenance
and repair by the owner and that the Town has mechanisms (and can adopt
additional mechanisms) to address this situation, it is recommended that the
building not be considered eligible for Markham Heritage Estates.
In addition, it is recommended that
By-law Enforcement Division
inspect the building to ensure it meets the requirements of the Town’s Property
Standards By-law and that the building is securely boarded, if necessary using
the provision of the Town’s boarding by-law (Closing of Abandoned or Vacant Building or Structures)
Council may also
wish to take advantage of the most recent amendments to the Ontario Heritage
Act by authorizing staff to prepare a by-law amendment to the Town’s Property
Standards by-law for Council’s consideration.
The amendment would prescribe minimum standards for the maintenance of
the heritage attributes of designated property in the municipality and require
property that has been designated and that does not comply with the standards,
to be repaired and maintained to conform with the
standards
FINANCIAL CONSIDERATIONS:
There are no financial considerations at this
time.
ENGAGE 21ST
CONSIDERATIONS:
The preservation of significant
heritage buildings on original sites helps achieve a quality community and
strengthens the sense of community.
ATTACHMENTS:
Appendix ‘A’ Submission
by Holly MacDonald and Anthony
Nehme
Appendix ‘B’ Inventory
Page from Markham Heritage Estates Study 2004
Appendix ‘C’ Heritage
Markham Extract – July 13, 2005.
Appendix ‘D’ Additional
Criteria for Use in Evaluating Building Eligibility
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Valerie Shuttleworth, M.C.I.P., R.P.P.
Director of Planning & Urban Design
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Jim Baird, M.C.I.P., R.P.P.
Commissioner of Development Services
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Q:\Development\Heritage\PROPERTY\SIXTNTH\2920\DSC
Report Sept 6, 2005 RH.doc
FILE: Q:\Development\Heritage\PROPERTY\SIXTNTH\2920\DSC
Report Sept 6, 2005 RH.doc
APPLICANT: Ms.
Holly MacDonald and Mr. Anthony
Nehme
11 Muir Drive
Scarborough, ON M1M
3B5
Tel: 416-264-2234
Fax:
CURRENT
OWNER: Eglinton
Golf Enterprises Ltd.
9064 Woodbine Ave.
Markham, ON L3R
0J7
Attention:
Mr. Robert Turcotte
Tel:
905-477-7650
Fax:
905-477-7654
LOCATION MAP:
