RECOMMENDATION:
THAT Council deny the Heritage Permit application for replacement of the
original wood windows with vinyl windows in the dwelling at 14 John Street,
Thornhill;
AND THAT the owner be requested to either return the original windows to
the dwelling or if the original windows no longer exist, have proper wood
windows constructed as per the original specifications (double hung wood
windows with external muntins bars, 2/2 pane division) according to the
following time schedule:
1. replace
all front (south elevation) vinyl windows (the most visible) by October 2004;
2. replace
all remaining (east and west elevation) vinyl windows by June 2007.
AND THAT the owner is to be advised of the requirement to obtain
approval for a heritage permit application prior to undertaking any works on
the exterior of the building/property.
PURPOSE:
To
recommend denial of an application for a Heritage Permit to replace the
original windows on a significant property in the Thornhill-Markham Heritage
Conservation District and to require the owner to remove the new vinyl windows
from the heritage building and replace them with wood windows that replicate
the windows that were removed. In the
event that the owner does not comply with the Council recommendation, the Legal
Services Department would initiate the prosecution of the owner of the property
and the occupant for violations under the Ontario Heritage Act.
EXECUTIVE SUMMARY:
This
report is regarding works undertaken without prior approval, on the house at 14
John Street, Thornhill, in violation of the Ontario Heritage Act. Historic features have been removed from the
dwelling. The house at 14 John Street
is identified as a significant heritage building in the Thornhill-Markham
Heritage District. Heritage Markham is recommending denial of the Heritage
Permit application by the applicant for vinyl windows already installed and
requesting that the owner be required to replicate the historic windows removed
from the dwelling.
BACKGROUND:
Heritage Building – Identified as significant in the District Plan
The house at 14 John Street,
Thornhill is a significant heritage building.
The building is an excellent example of a Gothic Revival cottage from
the mid-19th Century (See Appendix ‘A’). The importance of the building was recognized by the Town in 1986
when the area was designated under Part V of the Ontario Heritage Act as
part of the Thornhill-Markham Heritage Conservation District and it was
identified as a contributing and significant building in the Thornhill-Markham
Heritage Conservation District Plan.
The owner of the property is Mrs. G. Halligan who has resided on the
property for over 40 years. The Town
attempted to individually designate this property in 1977, but due to an
objection from Mrs. Halligan dated January 1978, the Town did not pursue
individual designation.
Windows removed
from significant building in heritage conservation district
On April 28, 2003, Heritage Markham’s Sub-Committee viewed the premises at 14 John
Street, Thornhill while walking along John Street to another property in the
Heritage District. Town staff and
members of the Sub-Committee noted a large stack of historic windows in the
yard of the dwelling at 14 John Street.
It was subsequently noted that the owner of the property had evidently
undertaken the recent replacement of all c.1865 windows in the dwelling with
vinyl, double hung windows with internal muntins.
Sub-Committee noted that
the change was significant and required a heritage permit be submitted. Sub-Committee also noted that it would not
likely have approved the change had the application been submitted in advance.
Town staff attempted to
speak to the owner of the house, however, no one appeared to be home. Staff subsequently wrote a note to the owner
asking her to contact the Town office regarding the windows and also left a
business card.
Heritage Permit Required for Alterations to building
Given that the building is
designated under Part V of the Ontario Heritage Act, the owner of the property
is required to obtain a Heritage Permit from the Town for any exterior
alterations to the building.
Applicant is familiar with the heritage permit process. Permit Application filed.
The current owner of the property is familiar with the Heritage
Permit process. In May 1996, the owner
applied for a Heritage Permit for a fence and in November of the same year, a
Heritage Permit was approved for a garden shed.
After being contacted by
Town staff on April 29th, the owner applied for a Heritage Permit on May 2,
2003. Staff also advised the owner not
to dispose of the original windows which were stacked up against the side of
the house.
Removal of historic architectural features is not a permitted
alteration
The removal of historic
windows from a significant heritage building and replacement of historic
features with new features which are not consistent, in material or design,
with the original does not conform to the District Plan Guidelines or standard
heritage requirements. A review of
Heritage Permit files has indicated that Heritage Markham has consistently
denied requests for removal of historic features from significant heritage
dwellings. As well, the Committee has
not authorized their replacement with features of modern materials and designs,
for significant heritage properties or in the heritage district. Where features
are damaged beyond reasonable repair and the Town has had an opportunity to
assess the damage, replacement in kind has been supported.
Heritage Markham reviewed the Heritage Permit application and requested a
site visit.
On May 14, 2003, Heritage Markham reviewed the
application for heritage permit. The
owner of the property was in attendance and made a deputation. Mrs. Halligan
advised that she lived at 14 John Street for 40 years and the windows in her
home were in need of replacement. Her
son was also in attendance and indicated that the old windows were rotten and
could not be restored without great expense.
He indicated that the windows are no longer in existence as they were
removed from the property ‘by others’, without approval. He indicated that the new windows are vinyl
and are energy efficient.
The owner invited the committee members to visit her
house and the invitation was accepted.
Heritage Markham recommended that a site visit be arranged for the Architectural
Review Sub-Committee and that the issue return to the June meeting of the
Committee.
Sub-Committee meeting held at the
property
On
Tuesday, June 10, 2003, five members of the Architectural Review Sub-Committee
and three members of staff, met with Mrs. Halligan for 1 ½ hours in her
backyard to discuss the changes that had taken place. It was noted that in addition to the changes to the windows that
the sills and window trim on the original house had been clad in aluminium.
Mrs.
Halligan indicated that although she had applied for a heritage permit in the
past, for changes to her property, she was not aware that changes to windows or
the application of aluminium required permits.
She indicated that she was in her late 80s and had lived in the district
for many years and that along with her husband and son she had maintained and
remodelled both her residence at 14 John Street and the other house which she
owns at 28 John Street for which she has received commendations.
It was noted by the Chair that the
Committee was mandated by Council to comment on issues with respect to
conformity with the heritage conservation district plan and the Ontario
Heritage Act. It was further noted that
while Council can consider other issues when making its decisions, Heritage
Markham is permitted to consider only heritage issues when making its
recommendations to Council. It was
noted that while individual members may be sympathetic to Mrs. Halligan’s
desire for low maintenance due to her age, the Committee could not use this as
a justification to remove heritage features from a building. The Chair indicated that if the owner was
unhappy with the recommendation of Heritage Markham and wished to discuss other
issues which were beyond the Committee’s mandate then it was her right to have
this issue considered by Council.
The
Sub-Committee suggested a phased plan of window replacement, which would ensure
that the work would be completed while giving the owner a reasonable time to
complete the work and incorporate the cost of replacing the windows into her
personal budget.
Mrs. Halligan indicated that she
was not interested in a phased plan of replacement as she had no intention of
re-installing proper wood windows into the dwelling.
Heritage Markham recommends that the
vinyl windows be replaced
Although the owner was scheduled to attend the June 11th
meeting of Heritage Markham as a deputation and had received notice, staff was
informed on the day of the meeting that Mrs. Halligan would not be in attendance. As Heritage Markham was fully aware of the
owner’s views given her previous deputation on May 14th and her
comments of the previous day at the Sub-Committee meeting, as well as the time
limitation imposed by the Ontario Heritage Act, the committee dealt with
the issue. Heritage Markham
recommended:
THAT the heritage permit application to replace the
original windows on the property at 14 John Street be denied;
AND THAT the owner be requested to either return the
original windows or if the originals no longer exist, have proper wood windows
constructed as per the original specifications (double hung windows constructed
with external wood muntin bars) according to the following time schedule:
(i)
replace
all south (front elevation) windows (i.e. the most visible) by October 2004;
and
(ii)
replace
all remaining windows by June 2007;
AND THAT in future the owner is requested to obtain
approval for a heritage permit application prior to undertaking any works on
the exterior of the building.
Owner notified by letter of the Heritage Markham recommendation
The Manager of Heritage Planning send a letter to the owner on June
12, 2003 notifying her of the committee’s decision and advising her that a
report would be prepared for the July 7th Development Services
Committee meeting.
Alteration of
Designated Property without permission is in contravention of the Ontario
Heritage Act
Under Part V of the Ontario
Heritage Act, no owner of a designated property shall alter the property or
permit the alteration of the exterior portions of the building unless Council
gives consent to such alteration. The
original windows were significant
features of the dwelling.
Where a property is
designated under Part V of the Ontario Heritage Act, any person who
contravenes this Act or the regulations is liable to a fine of not more than
$50,000 or to imprisonment for a term of not more that one year, or to both.
Where a property is altered
without the consent of Council and prosecution is successful, in addition to
any other penalty imposed under this Act, where it is practicable, the
property may be restored as nearly as possible to its previous condition and
Council may recover the cost of such restoration from the owner of the
designated property. Council may also
authorize any person in writing, to enter on the designated property to carry
out the restoration.
Council
response required within 90 Days
Since
a Heritage Permit Application has been received, under the Act, Council
must notify the applicant of its decision within 90 days after the notice of
receipt of the completed application, otherwise the Town is deemed to have
consented to the application. Council
must therefore make a decision with respect to the permit application for the
window replacement by August 2, 2003.
OPTIONS/DISCUSSION:
Inaction may set an undesirable precedent
The act of removing historic features from this significant heritage
building does not conform to the Heritage District Plan Guidelines or standard
heritage conservation principles and cannot be supported by staff from a
heritage perspective.
The subject property is a landmark feature of the Heritage District
and is in a visible location. The house at 14 John Street is of major
architectural significance to the Town, and it occupies a prominent location
within one of the most intact 19th Century streetscapes in the
Town. The removal of significant
architectural features from this building undermines the architectural
integrity and significance of the building, as well as the historic John Street
streetscape and the district as a whole.
If the historic features are
not returned, it may set an undesirable precedent, encourage other similar
contraventions of the Act, and could undermine the authority of the Town
in regard to protection of designated buildings located within the municipal
boundary.
Recommend Denial of the Heritage Permit Application and prosecution if
the original features are not returned and restored
Staff recommends that the subject Heritage Permit
application for replacement of the windows be denied and that the applicant be
required to return and restore all historic features to the dwelling. Given the fact that the owner has just spent
a considerable amount of money on inappropriate window replacement, staff
support the Heritage Markham recommendation of a phased window replacement
program. The front window (south
elevation) would have to be replaced with appropriate wooden windows by October
2004 and the remaining windows on the east and west elevation by June
2007. Council may also wish to consider
taking a financial security to ensure that the work is carried out as per the
recommended schedule.
If the applicant refuses to commit in writing to the
proposed replacement plan by August 31, 2003, the Town should prosecute the
property owner for violation of the Ontario Heritage Act.
FINANCIAL CONSIDERATIONS:
There
are no corporate financial implications to be considered in this report.
BUSINESS UNITS CONSULTED AND AFFECTED:
The
Legal Services Department has been consulted.
ATTACHMENTS:
Figure
1 Owner and
Location Map
Appendix
‘A’ Photographs of the
Dwelling
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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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Document: Q:\Development\Heritage\PROPERTY\JOHN\014\DEVELOPMENT
SERVICES COMMITTEE July 7 2003.doc
Owner: Mrs.
G. Halligan
14
John Street
Thornhill,
ON
L3T
1X8
FAX:
905-889-5494 (Son)
Location:
