Report to: Development Services Committee                               Report Date: March 20, 2007

 

 

SUBJECT:                          PRELIMINARY REPORT

                                            Town Initiated Zoning By-law Amendment

                                            to permit a larger building footprint for relocated

                                            heritage buildings and accessory buildings

                                            Markham Heritage Estates

 

                                            FILE NO. ZA 06 112355

 

PREPARED BY:               George Duncan, Senior Heritage Planner, Extension 2296

 

 

 

RECOMMENDATION:

That a Public Meeting be held to consider the Town-initiated Zoning By-law Amendment to permit a larger building footprint for relocated heritage buildings and accessory buildings in the Markham Heritage Estates Subdivision.

 

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

EXECUTIVE SUMMARY:

Not applicable

 

FINANCIAL CONSIDERATIONS:

Not applicable

 

1. Purpose                     2. Background                      3. Discussion                        4. Financial        

 

5. Others (Environmental, Accessibility, Engage 21st, Affected Units)             6. Attachment(s)

 

PURPOSE:

The purpose of this report is provide preliminary information regarding a Town-initiated Zoning By-law Amendment, and to recommend that Committee authorize the scheduling of a Public Meeting.

 

BACKGROUND:

Markham Heritage Estates is an innovative heritage conservation concept

Markham Heritage Estates is a specially designed 43 lot heritage subdivision owned by the Town of Markham.  It is an innovative concept in heritage conservation created in the 1980s in recognition of the fact that significant heritage buildings cannot always be preserved on their original sites.  While the Town is recognized as having an excellent record in the Greater Toronto Area for retaining heritage buildings within new developments, the heritage subdivision has proved useful in circumstances such as the construction of Highway 407, road widening, storm water management facilities, etc. where retention on site is not always feasible.

 

By requiring accurate restoration of heritage buildings, Markham Heritage Estates has contributed to the preservation of heritage buildings in other parts of the Town, by demonstrating to developers and the public in general, what can be achieved by restoring a heritage building.  To date, a total of 29 houses that would otherwise have been lost have been relocated to Markham Heritage Estates.  The Lunau House, on its original site, also became part of the subdivision when the Town purchased additional property to expand the heritage subdivision.  At this time 13 lots remain available for threatened heritage buildings.

 

Markham Heritage Estates is a unique planning area

Markham Heritage Estates is a unique planning area in the Town in that existing houses of a variety of sizes and designs are relocated there and added to, to meet the specific needs of their owners.  Unlike a standard subdivision, no two houses are exactly the same, and there is a variety of lot frontages, depths and areas.  With respect to garages, most garages at Markham Heritage Estates are designed to resemble rural outbuildings rather than conventional garages, and in order to achieve this design objective, the garages are typically larger and higher than the existing by-law standards allow.  Consequently, Town staff and Heritage Markham assess each site plan on a case-by-case basis to determine the suitability and compatibility with the overall character of Markham Heritage Estates.

 

A large number of Minor Variance Applications have been required

The by-laws governing Markham Heritage Estates were designed as the best approximation of development standards for incoming buildings.  The Town has a significant number of threatened heritage buildings that are potentially eligible for relocation to Markham Heritage Estates and it cannot always be determined in advance which buildings will be threatened and subsequently approved for relocation.  Because each case is unique, the need for minor variances to accommodate the needs of heritage buildings and their owners has arisen many times.  This has added additional cost and time to both the owners of the heritage houses and Town staff.

 

These most common minor variances involved Maximum Ground Floor GFA, Maximum Accessory Building GFA and the Maximum Height of Accessory Buildings.  Of the existing 29 projects within Markham Heritage Estates, 16 required minor variances.  The following chart summarizes these applications, all of which were approved by the Committee of Adjustment:

 

ADDRESS

MAIN BLDG GROSS GROUND FLOOR AREA 139 M2 BY-LAW PERMISSION

ACCESSORY BLDG GROSS GROUND FLOOR AREA

42M2 BY-LAW PERMISSION

HEIGHT OF ACCESSORY BLDG

4.3M BY-LAW PERMISSION

3 Heritage Corners Lane

146.0  m2

52.5   m2

-

10 Heritage Corners Lane

190.0  m2

64.0   m2

4.429  m

11 Heritage Corners Lane

156.9  m2

51.86 m2

-

6 Aileen Lewis Court

-

92.0   m2

-

10 Alexander Hunter Place

-

64.5   m2

5.33    m

12 Alexander Hunter Place

-

44.53 m2

-

6 Wismer Place

148      m2

73.0   m2

-

8 Wismer Place

168.57 m2

85.47 m2

-

10 Wismer Place

-

63.0   m2

-

12 Wismer Place

-

53.1   m2

-

14 David Gohn Circle

160.0  m2

64.0   m2

6.0    m

16 David Gohn Circle

-

54.0   m2

5.2    m

20 David Gohn Circle

-

62.0   m2

4.6    m

22 David Gohn Circle

-

-

4.8 7 m

24 David Gohn Circle

-

83.5   m2

6.5    m

28 David Gohn Circle

-

60.8   m2

5.49  m

 

 

OPTIONS/ DISCUSSION:

The Town has undertaken a comprehensive review of the by-laws governing Markham Heritage Estates

The frequency of Minor Variance applications has compelled the Town undertake a comprehensive review of the by-laws governing Markham Heritage Estates and initiate a Zoning By-law Amendment to implement development standards that more accurately reflect the form of development occurring in this unique heritage environment.

 

Maximum Gross Ground Floor Area (Building Footprint)

The existing Maximum Gross Ground Floor Area for the Main Building, including any additions, is 139 square metres (1,496 square feet).  This size was established on the basis that it reflected what was thought to be the average size of a heritage house in Markham, with a modest addition.  Experience has shown that some houses, even without modern additions, have exceeded this size, and it is likely that there will be other houses recommended for relocation to Markham Heritage Estates that will exceed this figure.  In one case, a heritage house exceeded the maximum permitted footprint by an amount about the size of a walk-in closet, and this triggered the need for a Minor Variance application.  The Koch House, recently declared eligible for relocation has a Gross Ground Floor Area of 153.4 square metres (1,650 square feet) and will require a Minor Variance application unless a suitable by-law amendment is approved.

 

Staff recommend that the existing Maximum Gross Ground Floor Area for the Main Building remain at 139 square metres (1,496 square feet) to limit the size of additions to smaller heritage buildings, but exempt buildings of historic and/or architectural interest relocated to Markham Heritage Estates from the Maximum Gross Ground Floor Area provision.  This will enable any eligible heritage building coming into the heritage subdivision to avoid the need for a minor variance, unless an addition is proposed and the Maximum Ground Floor Gross Floor area is greater than 139 square metres.  In that case, a Minor Variance application can be applied for, and planning analysis can be carried out to determine if the request for a larger building footprint is compatible with the site and its context.

 

 

Maximum GFA for an Accessory Building (Garage Footprint)

The existing Maximum Gross Ground Floor Area for an Accessory Building, usually a garage on most properties, is 42 square metres (452 square feet or 21 feet by 21.5 feet).  This size was based on the standard size for an attached two car garage in a modern development context and is therefore somewhat undersized for a fully detached garage, the type that is required within Markham Heritage Estates.  To be functional, a garage must have sufficient space to contain two domestic motor vehicles as well as bicycles, lawn care equipment, outdoor furniture, etc.  The average size of garages approved in Markham Heritage Estates by Minor Variance, is 64.55 square metres (695 square feet). This larger GFA is generally expressed as a deeper garage rather than a wider garage. 

 

Staff recommend that a new Maximum GFA for an Accessory Building be approximately one third larger than presently allowed, resulting in a figure of 65 square metres (700 square feet).  This will allow for a range of somewhat larger garages but will continue to limit the maximum size so that in the event a larger structure is requested for any reason, a Minor Variance application and the related planning analysis will be needed to ensure compatibility with the site and its context.

 

Maximum Height of Accessory Building

The existing Maximum Height for an Accessory Building is 4.3 metres (14 feet).  The height is measured from average grade to the mean height between the eaves and the roof ridge, exclusive of any penthouse, chimney tower or steeple.  The average height of accessory buildings approved in Markham Heritage Estates by Minor Variance is 5.30 metres (17.4 feet).  For an accessory building, usually a garage, to resemble a farm outbuilding, additional height is often required to allow for higher sidewalls and a storage loft.  Garages designed in this way are more traditional and therefore more compatible with the character of the heritage houses and Markham Heritage Estates in general.

 

Staff recommend that a new Maximum Height for an Accessory Building be 5.5 metres (18 feet). This will allow for a range of somewhat higher accessory buildings, but will continue to limit the height so that in the event a taller structure is requested for any reason, a Minor Variance application and the related planning analysis will be needed to ensure compatibility with the site and its context.

 

POTENTIAL BENEFITS OF THE PROPOSAL

Approval of the Zoning By-law Amendment will reduce the number of Minor Variance Applications for future projects in Markham Heritage Estates.  This will result in lower costs for property owners undertaking restoration projects and less staff time processing applications.

 

FINANCIAL TEMPLATE: (external link)

N/A

 

ENGAGE 21ST CONSIDERATIONS:

This application aligns with the Corporate Goal of Organizational Excellence by simplifying the development application process for Markham Heritage Estates.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

This Town-initiated Zoning By-law Amendment was developed in consultation with the members of the Heritage Districts Development Team.  A draft by-law incorporating the proposed revised development standards will be circulated to Heritage Markham and the Zoning Section for review and comment.

 

 

RECOMMENDED BY:

                                 

 

________________________                                                ________________________

Valerie Shuttleworth, MCIP, RPP                                             Jim Baird, MCIP, RPP

Director of Planning & Urban Design                            Commissioner of

                                                                                                Development Services

 

 

 

ATTACHMENTS:

Figure 1: Location Map

Figure 2: Air Photo

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FIGURE 1

 

 

 

DOCUMENT:

 

Q:\Development\Heritage\MARKHAM HERITAGE ESTATES\GENERAL\DSCMarch20PreliminaryReport.doc

 

 

APPLICANT: Town of Markham

 

 

LOCATION MAP: