DEVELOPMENT SERVICES COMMITTEE

 

 

 

 

 

TO:

Mayor and Members of Council

 

 

 

 

FROM:

Jim Baird, Commissioner of Development Services

Valerie Shuttleworth, Director of Planning & Urban Design

 

 

 

 

PREPARED BY:

George Duncan, Heritage Planner

 

 

 

 

DATE OF MEETING:

2004-Apr-20

 

 

 

 

SUBJECT:

DESIGNATION UNDER PART IV OF

THE ONTARIO HERITAGE ACT

James Brander House

31 Helen Avenue

Owner: Greenbelt Volkswagen

 

 

 


 

 

RECOMMENDATION:

 

THAT the “James Brander House” at 31 Helen Avenue be approved for designation under Part IV of the Ontario Heritage Act, as recommended by Heritage Markham;

 

AND THAT the Clerk’s Department be authorized to:

* publish and serve Council’s Notice of Intention to Designate as per the requirements of the

   Act; and

* prepare the Designation By-law for the property.

 

PURPOSE:

To recommend to Council that the “James Brander House” (historical reference) at 31 Helen Avenue be designated under Part IV of the Ontario Heritage Act for its cultural heritage value and interest.

 

BACKGROUND:

The Heritage Building

The James Brander House is listed on the Markham Inventory of Heritage Buildings. It is a well-preserved example of a vernacular Italianate style farmhouse that dates from c.1875, with a two storey wing that initially appeared to be an earlier phase of the building’s development, but through a detailed physical examination has been found to be a later addition.  The west part of the house is similar in design and materials to the Harrington house in Unionville (c.1873), but is a simplified version of that house. Historically, the building is significant for its connection to the agricultural community that once surrounded the Village of Unionville. A detailed research report, revised to reflect the most up-to-date research on the building, is attached as Appendix ‘A.’

 

Heritage Markham’s Recommendations

At its meeting of February 12, 2003, Heritage Markham heard a deputation by the owner’s former agent, Mr. Bob Martindale, and subsequently passed the following recommendations with respect to the heritage house and property (See Appendix “B” for complete extract):

 

HERITAGE MARKHAM RECOMMENDS:

 

THAT the entire house at 31 Helen Avenue appears to be a very significant heritage building worthy of preservation;

 

AND THAT the building should be preserved on site or within the current parcel and restored as conditions of approval of any development of the site;

 

AND THAT an archaeological assessment should be carried out on the subject lands prior to any disturbance of soil on the site;

 

AND THAT the building is recommended for designation under Part IV of the Ontario Heritage Act and as a condition of approval of any development in the lands, the owner should enter into a heritage conservation easement agreement with the Town;

 

AND FURTHER THAT any development proposal for the subject lands should be circulated to Heritage Markham for input with respect to the preservation and restoration of the heritage dwelling on the lands.

 

Preliminary Report to Development Services, April 22, 2003

In a Preliminary Report to Development Services Committee dated April 22, 2003, dealing with the proposed expansion of Greenbelt Volkswagen, Heritage Markham’s recommendation that the building be designated was cited in the “Background” section.

 

Heritage Markham’s recommendation that the building should be retained and the applicant’s intention at that time to convert it to office uses were noted.  Also included in the staff report were Heritage Markham’s recommendations for an archaeological assessment to be undertaken on the property, and for the applicant to enter into a heritage conservation easement agreement as a condition of approval of any future development application.

 

Applicant Preparing to Submit a New Site Plan

Heritage Section staff have been advised by the District Team that the applicant is now preparing another revised site plan and building elevations for the expansion of the Greenbelt Volkswagen dealership, but the applicant has not confirmed at this time whether or not the house is to remain on site and incorporated into this next version of the plan. The most recent version of the site plan does not include the heritage house. Planning staff had been advised when the plan presently on file with the Town was submitted, that due to anticipated renovation costs and site constraints, the heritage building was no longer planned to be retained on site and used as office space, as previously proposed.  The applicant had verbally advised that they would be seeking a demolition permit in due course.

 

Through the owner’s Heritage Resource Consultant, Heritage Section staff have been advised that that the owner has not made a decision on the future of the heritage building with respect to his plans for the property, but will do so once his consultant report has been finalized and he has considered its implications.

 

Recent Research on the Building

In response to the recommendation to designate the property at 31 Helen Avenue (See report dated February 17, 2004), the owner engaged the services of a heritage resource consultant to examine the research already undertaken and the building. The consultant challenged the early date and supposed log construction of the rear or east wing of the house, and concluded that this portion of the building was a later addition to the c.1870s building, and that it was constructed of recycled old material. It is important to note that both Heritage Section staff and Heritage Markham did not have full access to the building when conducting their original research (the tenant restricted access), and based their conclusions on the early date of the rear wing based on documentary sources and the form of the existing structure.  The preliminary report of the owner’s Heritage Resource Consultant is attached as Appendix “C.”

 

On March 18, 2004, Heritage Section staff, a member of Heritage Markham and the owner’s consultants met on site to open up specific areas of the structure to confirm the results of the consultant’s findings. It was observed that the rear wing does not appear to pre-date the c.1875 Brander House, but began as a 1 ½ storey kitchen wing that was later raised to a full 2 storey height. 

 

In the opinion of Heritage Section staff, the new findings on the rear section of the Brander House do not diminish the significance of the main brick portion of the building.  It remains a suitable candidate for designation under the Ontario Heritage Act.

 

Referral Back to Heritage Markham

In light of the recent findings on the rear portion of the Brander House, the designation report was referred back to Heritage Markham for review (April 14, 2004 meeting). At the time of writing, the results from that meeting are not available, but based on the new evaluation of the Brander House as a Group 2 (revised evaluation conducted by the Evaluation Sub-Committee on March 22, 2004), it is reasonable to expect that the February 12, 2003 recommendation to designate and preserve the building will continue to be supported.

 

OPTIONS/DISCUSSION:

Appropriateness of the Recommendation to Designate and Applicable Policies Regarding Significant Heritage Buildings

Based on the updated research, the James Brander House is rated as a Group (2) Heritage Building according to the Town of Markham’s Heritage Building Evaluation System. According to the evaluation guidelines adopted by Council in 1991, Group 2 buildings are “those buildings of significance and worthy of preservation.”

 

The general policies and procedures associated with the Evaluation System’s group classifications provide the following guidelines when dealing with a Group 2 building:

 

*  The designation of the building pursuant to the Ontario Heritage Act will be encouraged.

 

*  The retention of the structure in its existing location is encouraged.

 

*  Any development application affecting such a building should incorporate the identified

    building.

 

*  Appropriate alternative uses for the building will be encouraged when necessary to ensure

    its preservation.

 

*  A Letter of Credit will typically be required to ensure the protection and preservation of

    the building.

 

Based on the above policies, supported by the Heritage Conservation Policies of the Official Plan, the subject property is an appropriate candidate for designation under the Ontario Heritage Act.

 

Designation should proceed while further discussions are undertaken with the owner

Staff recommend that, given the significance of this building, Town Staff and Heritage Markham open new discussions with the applicant to determine a solution that satisfies the Town of Markham’s Heritage Conservation objectives and the owner’s objectives for the property. The owner’s Heritage Resource Consultant has been provided with a copy of the revised Heritage Building Evaluation and Research Report.  At the time of writing, the consultant was not prepared to say what the owner’s response will be, or whether he will challenge the Group 2 rating.

 

Heritage Markham has indicated its support for the concept of moving the heritage building to a different part of the subject property to facilitate development. Another relocation option that could be considered is for the house to be moved, at the applicant’s cost, to another site in the vicinity of Helen Avenue, in order to maintain some of its relationship to the original farm property and to keep the building within a similar community context.

 

Given the uncertainty about the future status of 31 Helen Avenue, it is recommended that the designation of the property under Part IV of the Ontario Heritage Act proceed.  This will provide interim protection for this significant building pending further discussions with the owner.

 

Should Council decide to proceed with the recommendation to designate the James Brander House under Part IV of the Ontario Heritage Act, the Clerk’s Department should be authorized to:

 

*  publish and serve on the property owner, the Ontario Heritage Foundation and the public

    through a newspaper advertisement, Council’s notice of intention to designate the property

    as per the requirements of the Act; and

 

*  prepare the designation by-law for the property at 31 Helen Avenue.

 

FINANCIAL CONSIDERATIONS:

There are no financial implications to the Town at this time.

 

 

 

ENGAGE 21ST CONSIDERATIONS:

Heritage designation helps to achieve a quality community by recognizing, promoting and protecting a heritage resource, which strengthens the sense of community.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

Acceptance of this recommendation to designate 31 Helen Avenue will require the Clerk’s Department to initiate the notice process and prepare the designation by-law.

 

ATTACHMENTS:

Figure 1:  Applicant/Agent and Location Map

Figure 2:  Air Photo

 

Appendix ‘A’:  Updated Research Report

Appendix ‘B”:  Heritage Markham Extract

 

 

 

 

 

 

 

 

 

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:

 

DOCUMENT:             Q:\Development\Heritage\PROPERTY\HELEN\staffreport.doc

 

OWNER:                     Greenbelt Volkswagen              tel. 905-477-2421

                                    Gerd Reisenecker                                 fax 905-477-7530

                                    7997 Kennedy Road

                                    Markham. Ontario

                                    L3R 2E2

 

AGENT:                      Mike Everard                                       tel. 905-944-9709

                                    Augusta National Inc.                           fax 905-944-9710

                                    34 Melchior Crescent

                                    Markham, Ontario

                                    L3R 9A4

 

LOCATION MAP: