RECOMMENDATION:
THAT the application for Site Plan Approval to
permit additions and alterations to the house at 26 Church Lane, Thornhill be
approved subject to the following conditions:
1.
THAT the Owner enter into a site plan agreement
with the Town;
2.
THAT prior to execution of the site plan
agreement, the Owner shall submit final site plan, elevations, servicing and
grading drawings, and comply with all requirements of the Town and authorized
public agencies, to the satisfaction of the Commissioner of Development
Services;
3.
THAT the site
plan agreement include provision for the payment by the owner of all
applicable fees, recoveries, development charges, parkland dedications and
financial obligations;
4.
THAT site plan approval shall lapse after a
period of three years commencing October 14, 2003 in the event that the Owner
does not enter into a site plan agreement with the Town during that period.
5.
THAT prior to the execution of the site plan
agreement, the Owner shall enter into a heritage conservation easement
agreement with the Town to ensure long-term protection of the cedar hedge on
the south boundary line and the (final) exterior façade of the existing
dwelling;
6.
THAT the Owner be required to submit for
approval and implementation, a landscape plan for lands to the south of the
dwelling, to the satisfaction of the Commissioner of Development Services,
prior to execution of the site plan agreement;
7.
THAT the owner be required to install a Markham
Remembered Plaque in a visible location on the property outlining the heritage
attributes of the property and its association with Sir Robert Watson-Watt, to
the satisfaction of the Commissioner of Development Services;
8.
THAT the owner is to extend the existing
sanitary sewer from Colborne Street to service the property as required by
by-law #436-86 and clause 2.4;
9.
THAT the owner is to grade the south elevation
of the property to hide the increase to the foundation height of the dwelling
as per the final approved grading plan;
10.
THAT the owner is to submit a
restoration/planting plan and soil and erosion control plan, to the
satisfaction of the TRCA prior to the issuance of a building permit;
11.
THAT the owner is to obtain an Ontario
Regulation 158 Permit prior to the issuance of a building permit.
PURPOSE:
The purpose of this report is to recommend site
plan approval, to permit the construction of a 287 sq.ft addition and various
alterations to the existing 3668 sq.ft single detached dwelling at 26 Church
Lane.
EXECUTIVE SUMMARY:
The applicant proposes to construct a 287
sq.ft. addition to the existing single detached dwelling at 26 Church Lane and
to carry out various alterations to the dwelling. The proposal has undergone review by Town departments, outside
agencies and Heritage Markham. The
proposed additions resulted in the owner requesting relief from the
requirements of Zoning By-law 2237, as amended which the Ontario Municipal
Board granted. Town Staff is of the
opinion that the proposed additions and alterations are consistent with the
policies of the Thornhill-Markham Heritage Conservation District Plan and the
Official Plan. Subject to the noted
conditions, it is recommended that the application be approved.
BACKGROUND:
The subject property is
located within the Thornhill-Markham Heritage District
The 0.215 ha property owned by Avalon
Development Corporation is located at 26 Church Lane, north of Colborne
Street. The property is located within
the boundaries of the Core Area of the Thornhill-Markham Heritage Conservation
District. The existing dwelling on the
property was built c.1953. Although it
is not identified as a significant heritage resource in the plan, the home has
attained a certain amount of note in the community as it was built specifically
for Sir Robert Watson Watt, a man who played a lead role in the development of
Radar, prior to the Second World War.
To the north of the property is the
Toronto Ladies Golf Club. To the east
of the property, on the opposite side of Church Lane is the parking lot for St.Vladimirs
Catholic Church. To the south and west
of the property are existing single detached residential dwellings.
Planning
Controls – Official Plan
The property is designated Urban
Residential in the Official Plan (Revised 1987) as amended.
The Thornhill Secondary Plan
(Official Plan Amendment 1) designates the property as Urban Residential.
Thornhill-Markham Heritage
Conservation District – A Site Plan Control Area
The property is located
within the Thornhill Markham Heritage Conservation District and as such all
development proposals are subject to review by Heritage Markham for compliance
with the District Plan and Design Guidelines for the area. The Thornhill-Markham Heritage Conservation
District is also designated as an area of Site Plan Control. As such, all applications for development
exceeding 20 sq.m. are subject to site plan approval and the owner must enter
into a site plan agreement with the Town.
Zoning By-law
The current zoning on the property is
Third Density Single Family Residential (R3), under By-law 2237, as amended,
which allows single-detached residential dwellings and home occupations (By-law
53-94). Since the property is located
within the Core of the Thornhill Markham Heritage Conservation District it is
subject to the provision within By-law 2237, which limits the maximum floor
area of any dwelling to 3000 sq ft (278.7m2).
Proposal is to construct an
addition to the dwelling and carry out alterations
The applicant is proposing
to construct a 287 sq. foot addition to the existing building located primarily
to the rear (west) of the structure.
The applicant is also proposing to carry out a number of alterations to
the dwelling including the following:
·
Raising the building by 32”;
·
The application of Stucco to the
exterior of the building;
·
Changing the windows;
·
The extension of the garage wall
southwards to accommodate larger vehicles
·
The construction of a deck at the
rear;
·
The addition of dormers to the second
floor level.
Applicant intends to
proceed with original proposal
The application was
submitted in December 2001. Over the
last 21 months there have been various issues that have delayed final
approval. These have included:
applications for minor variance, demolition permit application, Ontario
Municipal Board hearing, a community facilitation exercise, changes to the
design of the proposed alterations and addition by the applicant (raising of
the building, enlargement of the garage), and two applications for severance.
The applicant has now indicated
that he does not intend to proceed with the previously submitted applications
for severance and demolition and instead intends to proceed with the additions
achieved through variances approved by the Ontario Municipal Board and
according to a design approach supported by Heritage Markham.
Minor Variances required for
proposed works to proceed
In order to proceed with the
subject works as proposed, the owner was required to obtain relief from the
requirements of By-law 2237, as amended to permit the following:
a)
a front yard setback from Church Lane
of 2.4m; whereas 8.23m is the minimum requirement;
b)
a rear yard setback of 3.99m; whereas,
10.67m is the minimum requirement,
c)
a 38m building depth; whereas 16.8m is
the maximum permitted,
d)
a maximum floor area of 520m2 ;
whereas 278.7 m2 is the maximum permitted;
e)
a garage area of 58m2
whereas 41.8m2 is the maximum permitted ;
The minor variance
application was denied by the Committee of Adjustment at its meeting of April
17, 2002. This decision was reversed, however, by the Ontario Municipal Board
in a decision dated November 20, 2002 which approved the minor variance
applications subject to the following conditions:
1)
The details of the applicant’s
proposed landscaping of the lands to the south of the dwelling are to form part
of the site plan agreement;
2)
Heritage Conservation Easements are to
be entered into between the Town and the applicant, to protect, as much as
possible, the existing cedar hedge along the south boundary and the (final)
exterior façade of the dwelling.
Applicant worked with
Heritage Markham to achieve appropriate design
Heritage Markham reviewed
the proposed plans and elevations and has indicated no objection. The applicant has worked with the committee
to achieve a design which reflects the requirements of the Heritage District
plan.
Applicant has worked with
Town (Engineering Section) staff concerning grading
The subject property is
currently serviced by a septic system.
Town (Engineering Department) staff has reviewed the plans and indicated
no objection, subject to the applicant extending the sanitary sewer from
Colborne Street to service the property, as required by by-law #436-86 and
Clause 2.4.
The applicant is required to
grade the south elevation of the property to hide the increase to the
foundation height of the dwelling, subject to TRCA approval, and as per the
final approved grading plan.
Applicant has worked with
Town (Design Group) staff
Town (Design Group) staff
has reviewed the plans for tree and hedge preservation, and the proposed
Victorian Landscape plan. The applicant
has agreed to enter into a heritage conservation easement agreement with the
Town to ensure the long-term preservation of the historic cedar hedge on the south
boundary line. This is also a requirement
of the Ontario Municipal Board approval of the minor variances.
The applicant has also
agreed to prepare and implement a Victorian landscape plan for the south
section of the property, which is intended to enhance the appearance of the
property and its compatibility with the heritage conservation district. The provision of a landscape plan for the
south part of the property was a requirement of the Ontario Municipal Board
approval of the minor variances.
Submission and approval of such a plan will be required prior to the
execution of the site plan agreement.
Application has been
reviewed by the TRCA
The Toronto and Region Conservation
Authority (TRCA) has reviewed the plans and a geotechnical report in support of
the application prepared by Soil-Eng Limited dated April 2002, which it has
found satisfactory, subject to standard conditions of approval, and redline
revisions to remove the proposed rear deck and encroachment into the top of
bank to permit a washroom. The
applicant has agreed to implement these revisions.
The existing house on site
(which is to be raised and added to), is approximately 1 to 2 metres from the
stable top of bank. Given that the
house currently exists, and that the setback is consistent with properties in
the same corridor reach, TRCA staff indicated that they were willing to permit
additions to the existing structure, subject to implementation of redline
revisions to remove the proposed rear deck and encroachment into the top of
bank and confirmation of slope stability.
The TRCA determined that
that the adjacent slope is currently exhibiting signs of soil erosion and
superficial slope instability. New
development located less than 4m from the top of bank is therefore not
supported. TRCA staff is recommending
that a restoration/planting plan be developed in order to help stabilize the
slope and prevent future structural risks to the existing building. The Authority is also requesting that
sediment and erosion control measures be erected and maintained throughout
construction in order to prevent the generation of gully erosion features.
The geotechnical report,
accepted by the TRCA recommends a 4-metre setback from the top of bank for any
new structures (including decks). The
proposed site plan, as redlined, indicates that the new additions are set back
4-metres from the stable top of bank.
The deck and washroom addition to the west illustrated on the elevation
drawings have been red-lined to remove it as it is within 4 metres of the top
of bank. The TRCA has, with these
redlined revisions in place, no objection to the application as submitted. The applicant is required to obtain an
Ontario Regulation 158 permit prior to issuance of a municipal building permit,
through the permitting process, restoration/planting plans for the slope and
sediment and erosion control plans are to be submitted by the owner for
approval.
OPTIONS/DISCUSSION:
A site plan approval
application has been submitted
In support of the requested site plan
approval, the applicant has submitted a site plan, building elevations, a
landscape plan and a geotechnical report.
The proposed additions, as redlined, are consistent with the Ontario
Municipal Board Approval and would be compatible with the existing and future
development in the vicinity. The
architecture satisfies the Town’s urban design and heritage area objectives as
follows:
- The style of the renovated building will be generally complementary
to the historic architecture found in the Thornhill-Markham heritage
conservation district;
- The preservation of the Sir Robert Watson Watt House in a
recognizable form as part of the renovated building, and the registration
of a heritage conservation easement ensures the preservation of what has
become a cultural landmark for many in the Thornhill-Markham community;
and
- The preservation of the south hedge and implementation of a
traditional landscaping plan for the southern part of the property
contributes to the compatibility of the dwelling as expanded and updated
with the surrounding heritage conservation district.
The siting of the proposed
additions with reduced zoning standards, as approved by the Ontario Municipal
Board is consistent with maintaining the character of the residential community
in the core area of the Thornhill-Markham Heritage Conservation District.
The agreement by the owner to
provide and install a Markham Remembered plaque in a publicly visible location
outlining the heritage attributes of the house, and most specifically Sir
Robert Watson-Watt and his association with the house, will enhance the
cultural interpretation of the house within the Thornhill-Markham Heritage
Conservation District.
The owner is required to enter into
a site plan agreement with the Town. To
ensure the long-term preservation of the existing hedge and the Sir Robert
Watson-Watt House (as modified and expanded through the subject application),
the applicant is required, as a condition of site plan approval, to enter into
a heritage conservation easement with the Town.
Applicant has decided not to
pursue severance of the property or demolition
The applicant, Avalon Developments Ltd.,
has confirmed that it does not intend to proceed with applications to sever the
property or demolish the home. Mr.
Reale, Agent for Avalon who originally intended to reside at the property with
his family, has indicated that his intent is no-longer to reside in the house,
but rather to renovate the house prior to sale, through addition and
alterations according to the approach supported by Heritage Markham and within
the parameters established by the Ontario Municipal Board.
Recommendation
Planning Department staff and
Heritage Markham have had several meetings with the applicant. The proposal has been revised to meet the
Town’s planning, design and heritage objectives. This application would be an attractive and compatible addition
to a property within the Core of the Thornhill-Markham Heritage Conservation
District. Subject to the noted
conditions, it is recommended that the application be approved.
FINANCIAL CONSIDERATIONS:
None
ENVIRONMENTAL CONSIDERATIONS
The Toronto and Region Conservation
Authority (TRCA) has reviewed the application and its accompanying geotechnical
report. TRCA has indicated no objection
to its approval, subject to standard conditions of approval, and redline
revisions to remove the proposed rear deck and encroachment into the top of
bank to permit a washroom. The
applicant has agreed to implement these revisions.
Since the subject property is within the
TRCA’s Fill Regulated Area, the owner is require dto obtain an Ontario
Regulation 158 permit, prior to the issuance of a municipal building
permit.
Through the permitting process,
restoration/planting plans for the slope and sediment and erosion control plans
are to be submitted by the owner to the TRCA for approval.
The Town (Design Group) has reviewed the
landscape plan and tree preservation plan and is satisfied that the significant
vegetation will be protected.
ENGAGE 21ST
CONSIDERATIONS:
The subject proposal represents managed
growth leading to a quality community through compliance with established
Heritage Conservation District Guidelines and principles.
BUSINESS UNITS CONSULTED AND AFFECTED:
The application was circulated to
Heritage Markham, external agencies and Town departments. The application was modified to reflect
comments received. The applicant will be required to enter into a site plan
agreement with the Town, which will incorporate conditions of departments and
agencies.
ATTACHMENTS:
Figure 1 – Applicant/Agent + Location Map
Figure 2 – Area Context
Figure 3 – Aerial Photo
Figure 4 – Photographs of House as Existing
Figure 5 – Site Plan
Figure 6 – Elevations
Figure 7 – Landscape Plan
Appendix
‘A’ – A Biography of Sir Robert Watson-Watt
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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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FIGURE
1
FILEPATH: Q:\Development\Heritage\PROPERTY\CHURCHLN\26\pms1009.doc
APPLICANT/AGENT:
Anthony
Reale
Avalon
Development Corporation
30
Macintosh Blvd. Unit #9
Concord,
ON
L4K 4P1
(905)
787-8512 (h)
(905)
761-8858, ext. 205
(905)
660-1558 (fax)
LOCATION MAP:
