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

SUBJECT: DEMOLITION PERMIT APPLICATION

John Ramer House and Barn

6278 19^th Avenue

Memorial Gardens Canada Limited

File Numbers: 07 132112 DP; 07 132112 001 DP;

and 07 132112 002 DP

PREPARED BY: George Duncan, Senior Heritage Planner, ext. 2296

RECOMMENDATION:

That Council agree to an extension of the 90 day time period for Council’s consideration of the demolition permit application submitted on November 14, 2007 by the Owner of the John Ramer House and Barn at 6278 19^th Avenue, pending a final Decision and Recommendations being delivered by the Conservation Review Board (the “Board”) concerning the designation of the property under Part IV of the Ontario Heritage Act, as required by the Board in adjourning the Hearing for completion mid April, 2008 and as permitted by subsection 34(2) of the Ontario Heritage Act;

That Council authorizes the Town Solicitor to execute an agreement with the Owner, in a form satisfactory to the Town Solicitor and as required by the Board, to give effect to the extension of the 90 day time period;

That, if the Town Solicitor does not receive the Owner’s Agreement and Undertaking in writing to extend the 90 day time period and not to demolish or remove the buildings prior to the January 15, 2008 Development Services Committee meeting, Council should refuse the demolition permit application for the John Ramer House and Barn and the Owner should be provided with notice of Council’s decision in accordance with the Ontario Heritage Act;

And that staff be authorized and directed to do all things necessary to give effect to this resolution, including obtaining a comprehensive structural engineer’s report and opinion on the house and barn at 6278 19^th Avenue.

EXECUTIVE SUMMARY:

The John Ramer House and Barn, significant heritage resources in the Town of Markham, were recommended for designation under Part IV of the Ontario Heritage Act by Heritage Markham in the spring of 2006. Council approved Heritage Markham’s recommendation on April 25, 2006. The property owner, Memorial Gardens Canada Limited, filed an objection to the Intention to Designate and the matter was referred to the Conservation Review Board, as per the Ontario Heritage Act. The Conservation Review Board hearing began on December 5, 2007 and continued to December 6, 2007. The hearing was adjourned until mid April, 2008, at which time it will continue. Therefore, the Board’s recommendation will not be forthcoming until next spring.

The property owner submitted a demolition permit application for the John Ramer House and Barn and a shed at 6278 19^th Avenue prior to the Conservation Review Board hearing. Since the property is currently at the stage where Council has issued its Intention to Designate, applications pertaining to the property are required under the Ontario Heritage Act to be treated as though the property were already designated. However, Council has 90 days from November 14, 2007 to either consent to the demolition permit application or refuse it, unless the property owner and Council agree to extend the time period. If Council does not advise the applicant of its decision within the 90 day period, Council will have been deemed to have consented to the demolition permit application.

At the conclusion of the second day of the Conservation Review Board hearing, the Conservation Review Board asked that the Owner take no action to demolish the buildings or proceed with the demolition permit application until after the Conservation Review Board has issued its decision. The solicitor for the owner indicated that the parties would agree to extend the 90 day period for Council’s decision on the demolition permit application as outlined in Section 34 (2) of the Ontario Heritage Act. The Town’s Legal Counsel is in agreement with this process. No written Agreement and Undertaking from the Owner has been received at the time of writing of this staff report. If this agreement under Section 34 (2) is not received and Council is bound by the 90 day time period to advise of its decision, the buildings may be at risk if Council does not refuse the demolition permit application within the 90 day period.

Staff recommends that if the property owner submits an Agreement and Undertaking to the satisfaction of the Town Solicitor, for the extension of the 90 day time period for Council to consider the demolition permit application, the demolition permit application can be dealt with after the Conservation Review Board provides its recommendation, and Markham Council considers whether or not to proceed with designation of the property under Ontario Heritage Act.

FINANCIAL CONSIDERATIONS:

Not applicable

The John Ramer House and Barn are significant heritage resources

The John Ramer House and Barn are significant heritage resources in the Town of Markham. The property is listed on the Markham Inventory of Heritage Buildings, and the buildings have been evaluated using the Town’s heritage building evaluation process, as Group 1 Heritage Buildings. The stone house, dating from 1853, and the Pennsylvania German bank barn, dating from 1869, meet the provincial Ministry of Culture’s criteria for determining a property’s cultural heritage value or interest for the purpose of designation under the Ontario Heritage Act. The Reasons for Designation – Statement of Significance is attached as Appendix ‘A.’

Council passed a resolution to designate this property under Part IV of the Ontario Heritage Act on April 25, 2006

On the basis of Heritage Markham’s recommendation, Council passed a resolution to designate the John Ramer House and Barn as a property of cultural heritage value or interest, on April 25, 2006 (Council Extract attached as Appendix ‘B’).

An objection was received from the owner, necessitating a referral of the designation to the Conservation Review Board

After the Notice of Intention to designate was issued, an objection was received within the appeal period specified in the Ontario Heritage Act. The objector was the property owner, Arbor Memorial Services Inc. and Memorial Gardens Canada Limited. Council referred the matter to the Conservation Review Board by resolution on June 27, 2006. Under the Ontario Heritage Act, the Conservation Review Board hears objections to proposed heritage designations and provides municipal councils with a recommendation as to whether or not a property should be designated. Its decision, unlike the Ontario Municipal Board, is a recommendation only, as a council may still decide to designate a property contrary to the Conservation Review Board’s opinion.

The first part of the Conservation Review Board hearing was held on December 5 and 6, 2007

The Conservation Review Board scheduled a two-day hearing concerning whether the John Ramer House and Barn should be designated under Part IV of the Ontario Heritage Act for December 5 and 6, 2007. At the conclusion of the day on Thursday, December 6, 2007, the expert witness for the owner completed the presentation of his evidence, and there was insufficient time for the Town to cross-examine him. Additionally, in response to the report of a structural engineer on the physical condition of the buildings being noted in the objector’s evidence, the Board allowed the Town time to consult with its own expert to provide a report on the condition of the house and barn at another date. The hearing before the Conservation Review Board was therefore adjourned until mid April, 2008, due to the schedules of the Board members and the expert heritage witness of the objector.

On the day prior to the Conservation Review Board hearing, the owner submitted an Official Plan Amendment application for a cemetery on the subject lands

On the day prior to the hearing, the owner submitted an Official Plan Amendment application to provide for the development of a cemetery on the subject lands. This application had not yet been circulated at the time of the Conservation Review Board Hearing, as it was not considered a complete application. Although the heritage buildings are shown on the site plan, they are only illustrated as existing features on the property survey and not proposed for integration into the cemetery plans.

A demolition permit application was filed by the owner prior to the hearing

On November 14, 2007 Heritage Section staff received notice that Memorial Gardens Canada Limited had submitted a demolition permit application for the John Ramer House and Barn, and a storage shed (this shed is not listed in the Reasons for Designation – Statement of Significance).

Pursuant to the requirements of the Ontario Heritage Act, a notice of receipt of the demolition application was sent to the applicant by Heritage Section staff, which noted that the application would be before Heritage Markham on November 14, 2007 due to the timing of delivery and the upcoming Hearing on December 5 and 6, 2007. In view of the status of the property being in the process of designation under the Ontario Heritage Act, and due to the cultural heritage value of the buildings, Heritage Markham recommended that Council refuse the demolition permit application (Heritage Markham Extract Appendix C).

The Conservation Review Board has requested that the Owner not take any action on the demolition permit application until after the Conservation Review Board has issued its decision

At the conclusion of the second day of the Conservation Review Board hearing, the Board asked that the Owner take no action to demolish the house and barn or its demolition permit application until after the Conservation Review Board has issued its decision. The solicitor for the owner indicated that the parties would agree to extend the 90 day period for Council’s decision on the demolition permit application as outlined in Section 34 (2) of the Ontario Heritage Act and take no action to demolish or remove the buildings pending the Board’s decision and recommendations. The Town’s Legal Counsel was in agreement with this process.

An Intention to Designate provides interim protection to a heritage property

Under Section 30 of the Ontario Heritage Act, once Council has issued its Intention to Designate a property, the effect of the notice of designation is to provide interim control of alteration, demolition or removal, as though the designation process were complete and the property had been designated.

Council has 90 days to reach a decision on an application to demolish or remove a designated structure

The status of the property at 6278 19^th Avenue, given that Council has issued its Intention to Designate and that the matter is still before the Conservation Review Board, is as if the property has been designated under the Ontario Heritage Act. Under Section 34 of the Ontario Heritage Act, Council has 90 days, after consulting with its Municipal Heritage Committee (Heritage Markham), to either consent to the application to demolish the buildings or to refuse the application. This 90 day period can be extended if an agreement can be reached between the property owner and the Town. Otherwise, if the Town does not notify the owner of its decision within the 90 day time frame, Council shall be deemed to have consented to the application.

The solicitor for the property owner has verbally agreed to extend the 90 day time period for Council to consider the demolition application

The solicitor for the property owner has verbally confirmed to the Conservation Review Board that it will take no action to demolish or remove the buildings, and a written agreement to the Town of Markham to extend the 90 day time period will be delivered by the property owner. The purpose of this extension would be to request that Council not make a decision on the demolition permit application until after the Conservation Review Board has issued its decision and recommendations. No Agreement and Undertaking has been received at the time of writing of this staff report. If the executed Agreement is not received and Council is bound by the 90 day time period to advise of its decision, the buildings may be at risk if Council does not refuse the demolition permit application.

Council has extended the 90 day time period for responding to a demolition application on at least one other occasion.

If the property owner submits the Agreement to an extension of the 90 day time period prior to or at the January 15, 2008 meeting of the Development Services Committee, pursuant to the parties’ undertakings to the Conservation Review Board, Council should agree to the extension. This type of extension has been granted by Council on at least one other occasion, regarding the demolition application for 94 John Street in the Thornhill Heritage Conservation District.

Staff supports an extension of the 90 day time period

Staff recommends that if the property owner submits an Agreement and Undertaking in a form to the satisfaction of the Town Solicitor, agreeing to the extension of the 90 day time period for Council to consider the demolition permit application, the demolition permit application can be dealt with after the Conservation Review Board provides its recommendations, and Markham Council considers whether or not to proceed with designation of the property under Ontario Heritage Act.

Council should refuse the demolition permit application if a written agreement to extend the 90 day waiting period is not forthcoming from the property owner

For the protection of the John Ramer House and Barn, significant cultural heritage resources in the Town of Markham, Council should refuse the demolition permit application if a written Agreement to extend the 90 day period is not received from the property owner or its solicitor prior to the January 15, 2008 Development Services Committee meeting.

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 appeal the decision 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. It is unlikely that the Ontario Municipal Board would hear an appeal with an on-going Conservation Review Board hearing, but the possibility of such action must be considered by the Town along with the statutory authority for the Ontario Municipal Board to do so.

Heritage Markham

Heritage Markham would not object to the demolition of the small storage building on the property, as it is not identified in the Statement of Significance –Reasons for Designation, once the process of heritage designation for the house and barn is completed, so the house and barn are properly protected when the demolition contractor is on site.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable.

ACCESSIBILITY CONSIDERATIONS:

Not applicable.

ENGAGE 21^ST CONSIDERATIONS:

The protection of cultural heritage resources helps achieve a quality community by ensuring the Town of Markham’s historical buildings remain part of the fabric of the Town, strengthening the sense of community.

BUSINESS UNITS CONSULTED AND AFFECTED:

This staff report has been reviewed by the Town Solicitor.

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\NINETNTH\6278\DSC Jan1507.doc

Owner/Applicant

Steve Rupert, Vice President Construction & Development Tel. 416-763-4531

Vice President Construction and Development Fax 416-763-2514

Memorial Gardens Canada Limited

2 Jane Street

Toronto ON M6S 4W8

FIGURE 1: Location Map