Report to: Development Services Committee                           Report Date: November 6, 2007

 

 

SUBJECT:                          DEMOLITION PERMIT APPLICATION 07 127018 DP

                                            Single Detached Dwelling

                                            26 Albert Street, Markham

                                            Markham Village Heritage Conservation District

 

PREPARED BY:               Regan Hutcheson, Manager, Heritage Planning, ext 2080

 

 

 

RECOMMENDATION:

That Council refuse the demolition permit application for the c.1865 dwelling located at 26 Albert Street, Markham Village;

 

That the applicant be requested to work with Town staff and Heritage Markham to create an appropriate addition that will preserve the significant heritage attributes of the existing dwelling intact;

 

That the applicant be notified of Council’s decision as per the requirements of the Ontario Heritage Act;

 

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

 

EXECUTIVE SUMMARY:

Not applicable

 

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

 

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

 

PURPOSE:

To present information regarding an application to demolish a house within the Markham Village Heritage Conservation District, and to recommend that the application be refused.

 

 

BACKGROUND:

Dwelling built c.1865 is located in the Markham Village Heritage District

The dwelling located at 26 Albert Street is a 1˝-storey frame structure constructed c.1865 and is known historically as “The James Campbell House” for the original occupant of the home. (See Appendix ‘A’- Historical Background).   

 

The dwelling is a vernacular frame dwelling, built with the influence of the Georgian Style and is believed to have been constructed as a rental property by leading Markham businessman John Jerman in the mid-19th Century.   James Campbell, the original occupant of the house, was a shoemaker who lived in the house with his wife Sarah and their ten children from 1865 to 1891. 

 

The dwelling is listed as an ‘A’ building in the Markham Village Heritage Conservation District Plan signifying that it is a ‘heritage building’ having some historical or architectural value.  The building was evaluated using the Town’s heritage building evaluation process and was rated as a Group 2 Heritage Resource – (Worthy of preservation).

 

The building located at the corner of Albert and Edward Streets in Markham Village is a visible and prominent building on one of the most intact heritage residential neighbourhoods in Markham.

 

 

Original request for demolition initiated in early 1990s

The owners of the property have been attempting to demolish the dwelling since 1991.  The following provides a brief chronology of events:

 

·        1991 – Staff visit the site as owner wanted to replace dwelling with reproduction.

·        1993 - Request to consider demolition submitted by owner to Heritage Markham.  After a site visit, Heritage Markham recommended retention and incorporation into new development.

·        1994 – Request to consider demolition submitted by owner to Heritage Markham.  After two site visits, Heritage Markham did not support demolition.

·        1995 – Request for Demolition submitted to Heritage Markham.  Committee indicated no objection subject to advertising the building for relocation/salvage and approval of site plan/elevations for replacement dwelling.  Council supported the recommendation subject to noted conditions.

·        1997 – Owner submitted applications to Committee of Adjustment for consent to sever the lot and variances.  Heritage Markham and area residents did not support applications.  Committee of Adjustment approved the applications for consent and variances which were appealed to the OMB by local residents.

·        1998 – OMB allowed the appeal and did not grant the consent to convey or authorize the requested variances. 

·        2000 – Owner presented a plan to Heritage Markham for feedback to construct 2 link homes similar to the earlier proposal.  Heritage Markham had no objection to the minor variances and the Committee of Adjustment approved them.

·        2001 – Demolition application submitted

·        2002 –Heritage Markham raised concern about the loss of original dwelling.  Indicated that the committee had a better understanding of the dwelling’s significance and how it could be preserved in situ while allowing new development.  Legal Services Department advised Heritage Markham and Council that resolutions can be rescinded, but proper notice is to be given to owner.

·        2003 – staff was asked to examine opportunities to mitigate financial impacts if demo permit is rescinded.  Staff met with the owner a number of times to review development options and possible financial relief.  Council rescinded the support for demolition from 1995.

·        2004 – Request to re-consider demolition submitted by owner to Heritage Markham.  Committee affirmed that dwelling to be retained, restored and incorporated into new dwelling.

·        2005 – Heritage Markham requested Town staff investigate the deteriorating conditions of the dwelling.  After inspection, a Property Standards Order was issued by the Town.

·        2007 – Building Permit Application for Demolition submitted by new owner (Richard Wannop). 

 

 

Heritage Markham does not support the demolition of the existing house

At its meeting on September 12, 2007, Heritage Markham did not support the demolition application given the cultural heritage value of the building to the Heritage District.  The committee also recommended that repairs be made to the dwelling to the extent that any prudent owner would find reasonable and comply with the Town’s Property Standards By-law with repairs undertaken in a manner that is accepted as good workmanship in the respective building trades and with materials appropriate to the heritage character of the dwelling.

 

 

OPTIONS/ DISCUSSION:

House is located in the Markham Village Heritage Conservation District

The house at 26 Albert Street is located within the Markham Village Heritage Conservation District and is identified as a Class ‘A’ (most significant) heritage property in the plan.  Albert Street is one of the most historically intact and significant streets in the heritage conservation district, and contains a number of other significant buildings.  Facing Edward Street and located on the northwest corner with Albert Street, the James Campbell House provides a significant historical anchor to the street, and reinforces the heritage context.

 

James Campbell House is a significant heritage building

The James Campbell House, built c.1865, is a significant example of a vernacular workers cottage, built with the influence of the Georgian Style which was occupied by a number of prominent local businessmen during its history.  The overall historic character of the house is largely intact and although the house appears to have not been adequately maintained in recent years, the building appears to be in no worse a condition than a number of other vernacular heritage buildings, which have been successfully rehabilitated in Markham.  The building was evaluated using the Town’s heritage building evaluation process and was rated as a Group 2 Heritage Resource – (Worthy of preservation). 

 

Using provincial standards, the property is of cultural heritage value

In January 2006, the Government of Ontario brought forward a regulation to assist municipalities in determining properties of cultural heritage value or interest for the purpose of individual designation.  Although 26 Albert Street is already protected through its designation under the provisions of the heritage conservation district, these criteria help demonstrate the significance of this individual dwelling. 

 

The purpose of the regulation is to provide an objective base for the determination and evaluation of resources of cultural heritage value.  The prescribed criteria help ensure the effective, comprehensive and consistent determination of value or interest by all Ontario municipalities.  The criteria are essentially a test against which properties can be judged; the stronger the characteristics of the property compared to the standard, the greater the property’s cultural heritage value. 

 

The subject property has cultural heritage value or interest as it meets the following criteria:

  • The property has design value or physical value because it:
    • Is a representative and early example of an architectural  style
  • The property has historical value or associative value because it:
    • Has direct associations with a theme and person that is significant to a community
    • Yields, or has the potential to yield, information that contributes to an understanding of a community
  • The property has contextual value because it:
    • Is important in defining, maintaining or supporting the character of an area
    • Is physically, functionally, visually and historically linked to its surroundings

 

Preservation of the house would not limit the extent to which the property could be developed

The preservation of the James Campbell House would not compromise the extent to which the owner could develop the property at 26 Albert Street. Since the heritage house is located entirely within the southeast corner of the property there would appear to be more than sufficient room either to the north or the west of the house to allow for the establishment of another residential dwelling on the lands. The existing dwelling could be renovated and restored and a compatible addition constructed either to the rear or the side.  Heritage Markham has already indicated its support for this concept for redevelopment of the site. 

 

Evolution of Albert Street demonstrates importance of retaining heritage buildings

Since the mid 1990s, the Town has approved a number of applications for expansion of the existing residential buildings and new infill buildings in the Edward Street/Albert Street neighbourhood.  The changes that have taken place in the neighbourhood, although reviewed by Heritage Markham have brought about a decline in the percentage of true heritage building stock compared with new construction in the neighbourhood.  It has therefore become apparent that it in order to maintain the unique and special heritage character of the neighbourhood, it is important to retain authentic heritage buildings on the street. The house at 26 Albert Street, as a corner building, is highly visible and its removal would bring about an obvious depreciation in the heritage character of the neighbourhood.  The house should be preserved as a Markham Village landmark for future generations. 

 

The demolition permit application should be refused

Heritage Markham and Heritage Section staff are of the opinion that the dwelling at 26 Albert Street is of cultural heritage value and should not be demolished.  The poor condition of the building is due to a lack of maintenance over the last 15 years.  It is recommended that Council refuse the demolition permit application.

 

The applicant has the right of appeal to the Ontario Municipal Board

If Council refuses the demolition permit application, within 30 days of receiving notice of Council’s decision, the applicant may make an appeal to the Ontario Municipal Board.  If a hearing is held and the Board does not support Council’s decision to refuse the demolition permit, the Board has the power, under Section 42 of the new Ontario Heritage Act, to direct that the demolition permit be issued with or without terms and conditions.

 

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

The issue of financial relief, as requested by the previous owner (John Wannop), was referred by Council to the CAO for review.  A number of meetings were held to discuss this issue.  The previous owner asserted that he had suffered a financial loss from the repeal of the demolition permit and was looking to the municipality for assistance.  Staff discussed with the previous owner a number of possible options to redevelop the property while retaining the heritage building.

 

 

ENVIRONMENTAL CONSIDERATIONS:

The preservation of a building, rather than its demolition, will diminish the amount of demolition debris going into landfill sites and is a sustainable approach that will recycle an existing structure for continued use.

 

 

ACCESSIBILITY CONSIDERATIONS:

Not applicable

 

 

ENGAGE 21ST CONSIDERATIONS:

The preservation of buildings of cultural heritage value helps achieve a quality community by supporting the character of the Heritage Conservation District.

 

 

BUSINESS UNITS CONSULTED AND AFFECTED:

Not applicable.

 

 

 

 

 

 

 

RECOMMENDED BY:      

 

 

 

 

 

_______________________________            _______________________________

Valerie Shuttleworth, M.C.I.P., R.P.P.             James Baird, M.C.I.P., R.P.P. 

Director of Planning and Urban Design           Commissioner of Development Service

 

 

 

 

 

ATTACHMENTS:

Figure 1:                     Location Map

Figure 2:                     Photographs of the Building and Air Photo

Appendix “A”:            Historical Background Summary Sheet

 

 

 

 

Q:\Development\Heritage\PROPERTY\ALBERT\26\DSC report Nov 6 07 demo.doc

FIGURE 1

 

FILE PATH:    Q:\Development\Heritage\PROPERTY\ALBERT\26\DSC report Nov 6 07 demo.doc

 

 

OWNER/APPLICANT

Richard Wannop (Owner)

 

 

 

Russ Gregory

Gregory Design Group

67 Summerfeldt Crescent

Markham, ON             L3R 2B1

 

905-479-4767 (O)

905-479-8496 (F)

 

 

LOCATION MAP