Report to: Development Services Committee Date of Meeting: January 15, 2008

SUBJECT: HERITAGE PERMIT APPLICATION

Metal tile roof for Markham Village Lanes

140-152 Main Street North; 12 Wilson Street

Applicant: David Johnston/1209094 Ontario Limited

Markham Village Heritage Conservation District

File No. HE 07 131343

PREPARED BY: George Duncan, Senior Heritage Planner

RECOMMENDATION:

That in response to Heritage Permit Application HE 07 131344, Council require the owner of Markham Village Lanes to remove the metal tile roofing material from the heritage buildings and replace it with a roofing material in accordance with the policies and guidelines of the Markham Village Heritage Conservation District Plan;

That the metal tile roofing be permitted to remain on all portions of Markham Village Lanes that are not considered heritage buildings;

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

EXECUTIVE SUMMARY:

Markham Village Lanes is a commercial development within the Markham Village Heritage Conservation District. The complex includes four heritage buildings that have been integrated into a larger building constructed in the mid 1980s. In August, 2007, new metal tile roofing material was installed over top of the asphalt shingle roofing on all of the buildings, including the heritage structures. This work was done without prior approval by the Town. When the work was observed by staff, the project was in the final stage of completion. Tile roofing is specifically prohibited by the Markham Village Heritage Conservation District Plan.

The property owner was charged under the Ontario Heritage Act for altering a property within a Heritage Conservation District without obtaining a permit from the municipality. Following the laying of the charge, the owner applied for a Heritage Permit for the new metal tile roof. The applicant has appeared before Heritage Markham and met with Town staff to discuss the issue. In view of the cost of the new roofing and the owner’s good intentions to carry out work for the long-term maintenance of the buildings, a compromise position is proposed to allow some of the metal roofing to remain in place. Heritage Markham recommended that the metal roofing be removed from all heritage buildings and all visible roofs on the modern buildings.

Further to Heritage Markham’s recommendation, staff has proposed that Council consider allowing the metal roofing to remain on all modern portions of the Markham Village Lanes on the condition that the metal roofing be removed from the four heritage buildings and replaced with a roofing material in accordance with the policies and guidelines of the Markham Village Heritage Conservation District Plan.

FINANCIAL CONSIDERATIONS:

Not applicable

Markham Village Lanes is a commercial development within the Markham Village Heritage Conservation District

The Markham Village Lanes was built in the mid 1980s, incorporating four heritage buildings. The owner’s holdings have since been enlarged with the purchase of the heritage property at 152 Main Street North.

As the subject property is located within the Markham Village Heritage Conservation District, it is designated under Part V of the Ontario Heritage Act. The Wilson House at 144 Main Street North also has a Part IV heritage designation ( By-law 278-85). The heritage conservation district was approved by Council by by-law in 1991. The Browning House at 140 Main Street North has a heritage easement agreement with the Town, as does the Robinson House at 152 Main Street North.

A new metal tile roof was installed in August, 2007, without prior consultation with the Town or approval

On Sunday, August 26, 2007 (Doors Open Markham weekend), Heritage Section staff noted that that new, black metal tile roofing had been installed at Markham Village Lanes on all of the structures facing Main Street, including the heritage buildings. Previously, the roof material had been asphalt shingles. The owner had not made any application to the Town of Markham or Heritage Markham for this change in roofing material.

A further inspection was done by staff on Monday, August 27, 2007, during a site visit. Work was being completed on the installation of the new roofing material on the heritage building at 12 Wilson Street. Staff subsequently learned that the work was started in early August, however staff was not aware of the project being underway until it was observed during the Doors Open event. No one had contacted staff to advise that the work was underway.

This roofing material is not permitted in the Markham Village Heritage Conservation District

In reviewing the Markham Village Heritage Conservation District Guidelines, staff note that metal roofing is not listed among the preferred materials (asphalt and wood shingles), but is not specifically prohibited either. Tile is, however, included in the list of roofing materials not to be used, and the metal roof as installed is in a traditional tile pattern, giving the appearance of a Mediterranean-style clay tile roof. The guidelines also say that “When a new roof is proposed for an existing building, the style should be similar or complementary to the established roof pattern of the period.” Metal tile is not an appropriate roofing material for these 19^th century heritage buildings.

Notwithstanding the provisions of the Markham Village Heritage Conservation District Plan, Council did permit a similar roof to be installed at St Dimitrija Solunski Macedonian Orthodox Church at 201 Main Street North in 2006-2007 on the basis of the appropriateness of tile roofing to the traditional Byzantine architecture of the building. This departure from the District Plan policies was not supported by Heritage Markham. In the case of Markham Village Lanes, the metal tile roofing is not linked historically or stylistically to the buildings.

A charge has been laid under the Ontario Heritage Act

The Town is pursuing a charge under the Ontario Heritage Act for altering a property within a Heritage Conservation District without a permit from the municipality. The owner of 140-152 Main Street North, Markham Village, has not obtained a ‘permit’ from the municipality issued under the Ontario Heritage Act, as required, to:

a) alter, or permit the alteration of, any part of the property, other than the interior of any structure or building on the property;

b) erect, demolish or remove any building or structure on the property or permit the erection, demolition or removal of such a building or structure.

This matter will be before the courts on January 18, 2008.

The owner has submitted a Heritage Permit for the new roof

In order to bring the property into compliance, the owner, through their agent, David Johnston, Architect, has applied for a Heritage Permit. The applicant submitted specifications for the material along with the application, and has stated that the material is a metal shingle, not a tile, and thereby proposed that the material meets the guidelines of the Markham Village Heritage Conservation District Plan (Heritage Permit Application and Product Specifications, Appendix ‘A’).

Heritage Markham reviewed the Heritage Permit Application on November 14, 2007

Heritage Markham reviewed the Heritage Permit Application at its meeting of November 14, 2007. Mr. Johnston and Dr. Frank Shahidi (representing 1209094 Ontario Limited) were in attendance and presented their position on the new roof.

Dr. Shahidi advised that prior to replacing the asphalt shingle roof, a number of companies were consulted and based on this information, this type of metal roofing was chosen as it is energy efficient, environmentally friendly, and durable. The new roof was installed over top of the existing asphalt shingles. The metal roofing is several times more expensive than ordinary asphalt shingles and has a long-term guarantee. Dr. Shahidi indicated his desire to have all roofs look the same to assist in marketing the commercial space. He advised that he was not aware that the metal tile roof was not permitted in the Heritage District until the work was 80 per cent complete and Town staff became aware of the project.

Heritage Markham offered a compromise position to the applicant

In consideration of the cost of the new roof and the owner’s efforts to undertake substantial work for the long-term maintenance of the buildings at Markham Village Lanes, Heritage Markham offered a compromise position to the applicant (Heritage Markham Extract, Appendix ‘B’). Heritage Markham proposed that notwithstanding that the metal tile roofing is not permitted in the Heritage District, the metal tiles could remain on the modern portions of the buildings not readily visible from the street, provided the metal roofing was removed from the heritage buildings and replaced with asphalt shingles in an appropriate heritage colour. Staff has suggested a further compromise position (see below).

Council has several options to consider with respect to the Heritage Permit application

The applicant has been charged with altering a property in a Heritage Conservation District without obtaining a permit from the municipality. The case will be before the courts on January 18, 2008. With respect to the Heritage Permit, Council has several options to consider:

1. Refuse the Heritage Permit and allow the matter to be dealt with by the courts.

2. Approve the Heritage Permit, and allow the matter to be dealt with by the courts to

secure a fine for making the alteration prior to obtaining a permit;

3. Approve the Heritage Permit, with conditions, and allow the matter to be dealt with

by the courts to secure a fine for making the alteration prior to obtaining a permit.

Whether or not the Heritage Permit is approved in whole or in part, the work was undertaken without Town approval, and the material is not permitted in the Markham Village Heritage Conservation District

Whether or not the Heritage Permit is approved in whole or in part, the installation of the metal tile roof was undertaken by the applicant without prior approval by the Town, and the material is not permitted in the Markham Village Heritage Conservation District Plan. The charge will proceed to either a negotiated settlement with a guilty plea and a fine, or go to trial. It is important for the effective implementation of the Town of Markham’s heritage policies and regulations that property owners are aware that if they break the law, there will be consequences as prescribed by the legislation. In addition, the property owner should review with the Building Department any structural implications of the change in roofing materials.

Staff recommend that the Heritage Permit application be approved in part, subject to conditions

Staff recommend that the Heritage Permit application be approved subject to conditions, generally based on Heritage Markham’s recommendation of November 14, 2007. Staff propose that Council require the owner of Markham Village Lanes to remove the metal tile roofing material from the heritage buildings and replace it with a roofing material in accordance with the policies and guidelines of the Markham Village Heritage Conservation District Plan, and that the metal tile roofing be permitted to remain on all portions of Markham Village Lanes that are not considered to be a heritage building, as determined on-site by staff. A map illustrating the heritage buildings in relation to the remainder of the complex is attached as Appendix ‘C.’

The Owner can appeal Council’s decision on a Heritage Permit application

If Council consents to the application subject to terms or conditions or refuses the application, the owner of the property may appeal Council’s decision to the Ontario Municipal Board within 30 days of the day the owner receive the notice of the decision. The Board can dismiss the appeal or direct that the permit be issued without terms and conditions or with such terms and conditions as the Board by its order may direct.

Enforcement of any decision is at the discretion of Council. The Ontario Heritage Act allows a municipality, if it is practical, to restore a building as nearly as possible to its previous condition and can recover the cost of restoration from the owner of the property. In the past, Markham has not proceeded in this manner but instead relied on prosecution of the offence and the associated fines as a penalty.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable.

ACCESSIBILITY CONSIDERATIONS:

Not applicable.

ENGAGE 21^ST CONSIDERATIONS:

The implementation of the policies and guidelines of the Markham Village Heritage Conservation District Plan helps achieve a Quality Community.

BUSINESS UNITS CONSULTED AND AFFECTED:

This report was circulated to the Town of Markham Co-Ordinator, Court Administration (Clerks Department, Corporate Services), who conducts prosecutions under the Ontario Heritage Act, for review and comment.

RECOMMENDED BY:

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

File Path: Q:\Development\Heritage\PROPERTY\MAINSTN\144\DSCjan1508.dot

Figure 1: Location Map

Figure 2: Photographs of the Buildings

Appendix ‘A’: Specifications for the Metal Roofing

Appendix ‘B’: Heritage Markham Extract

Appendix ‘C’: Map Showing Location of Heritage Buildings

Owner/Applicant Agent

Dr. Frank Shahidi David Johnston, Architect

1209094 Ontario Limited 8 Maple Lane

144 Main Street North Unionville ON L3R 1R2

Markham ON L3P 5T3

Tel. 905-471-1800 Tel. 905-479-9992 ext 22

Fax. 905-479-9985

FIGURE 1: Location Map