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

 

 

SUBJECT:                          RECOMMENDATION REPORT

                                            SITE PLAN CONTROL APPLICATION

                                            Proposed New House

                                            Ms. Irina Gordon

                                            179 John Street

                                            Thornhill Heritage Conservation District

 

                                            FILE NO. SC 07 131520

 

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

 

 

 

RECOMMENDATION:

That in keeping with Council’s decision to refuse the demolition permit application for the c.1948 house at 179 John Street, Site Plan Control Application SC 07 131520 for the construction of a new house also be refused;

 

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

 

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:

At its meeting of October 16, 2007, Council refused an application to demolish the existing c.1948 house at 179 John Street.  The one and a half storey, frame house is listed as a “C” class building within the new Thornhill Heritage Conservation District Plan.  According to the policies of the plan, some C buildings are of value as they are complementary to the character of the Heritage Conservation District, therefore, demolition of C Class buildings is considered on a case-by-case basis.  The owner does not want to retain the existing house, but wishes to replace it with a new, two storey brick house in the Gothic Revival style. 

 

A Minor Variance Application (A/117/07) to facilitate development of a new house was refused by the Committee of Adjustment at its meeting of November 14, 2007, except for the recognition of a deficient lot frontage.  A Site Plan Control application has been submitted to facilitate the redevelopment of the property.

 

Heritage Markham and Staff do not support the demolition of this house based on its contextual value to the district, and have had on-going meetings with the applicant over the past year to suggest that an appropriately designed addition to the existing house would be the preferred option for creating a more spacious residence on the property.  The owner has consistently opposed this option, and is continuing to pursue the demolition and replacement of the existing house at 179 John Street.

 

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 construct a new residence at 179 John Street within the Thornhill Heritage Conservation District, which would replace an existing house and garage on the property, and to recommend that the application be refused on the basis of the cultural heritage value of the c.1948 house.

 

BACKGROUND:

Council refused the demolition application for the c.1948 house at 179 John Street

At the October 16, 2007 meeting of Development Services Committee, Council refused the demolition application for the c.1948 house at 179 John Street (Council Extract October 16, 2007, Appendix ‘A’).  The property is located at the eastern boundary of the Thornhill Heritage Conservation District.  The existing house is a modest, clapboarded dwelling dating from the Post World War Two period of Thornhill’s suburban development.  Its Colonial Revival architectural style, wood siding, one and a half storey  height and small scale make it compatible with the village-like character of old Thornhill. (A brief description of the house from the Heritage District Building Inventory is attached as Appendix “B”).

 

At a site visit in January 2006, when the property was under another ownership, Heritage Section staff and members of Heritage Markham observed that the house was generally in good condition and that it was of cultural heritage value or interest as an older building compatible with the character of the Thornhill Heritage Conservation District.

 

The house has a “C” classification in the new Thornhill Heritage Conservation District Plan

In the 2007 Thornhill Heritage Conservation District Plan, 179 John Street is classified as a ‘C’ type building.  Class C buildings are defined in the District Plan as follows:

-         They are buildings/properties primarily post 1939;

-         They include buildings/properties that are sympathetic to the District by virtue of their scale or design qualities;

-         They include buildings/properties not sympathetic to the historic character of the District.

 

According to the policies of the District Plan, the demolition of Class C buildings will be considered on a case by case basis.  The District Plan also states:

 

            “Some Class C buildings are also complementary such as the many Cape Cod

              cottages and some of the veteran’s housing, which were inspired by the same

              New England precedents that the United Empire Loyalists brought to Upper

              Canada.”

 

When the initial Thornhill Heritage Conservation District Plan was approved in 1986, this house was not listed among the “Significant” (i.e. heritage) buildings.  At that time, most of the significant buildings dated from the 19th century.  Few 20th century buildings were given recognition as being of heritage value.  When the District Plan was under review in 2006-2007, the value of the District’s early 20th century buildings was considered.  The house at 179 John Street is classified as a “C” in the 2007 District Plan due to its c.1948 date of construction.  The house is considered to have contextual significance as its design, scale and materials are highly compatible with the village-like character of old Thornhill.  Its gross floor area is 147square metres (1,586 square feet).

 

Minor Variance Application and a Site Plan Control Application have been submitted for the construction of a new house on the property

Notwithstanding Council’s decision to refuse the demolition application for the existing house at 179 John Street, the owner has submitted Minor Variance and Site Plan Control applications to facilitate the construction of a new house on the property.  This development proposal was reviewed by Heritage Markham at its meeting of July 11, 2007 where Mr. Victor Guitberg, Architect, appeared on behalf of Ms. Irina Gordon, to present a proposal for a new 2 storey brick house to be constructed at 179 John Street, to replace the existing 1 ½ storey frame house.  The proposal for a 401 square metre (4, 316 square foot) brick house is fundamentally the same design seen by Heritage Markham as a concept plan in July of 2007, except that the 3 car attached garage has since been reduced to a 2 car attached garage based on the feedback of the committee (See proposal, Appendix ‘C’).

 

Heritage Markham does not support redevelopment based on the demolition of the existing house at 179 John Street.

Since first receiving inquiries concerning the potential for redevelopment of this property involving the demolition of the existing house in early 2006, when the property was under its previous ownership, Heritage Markham has maintained its position that the c.1948 house is of cultural heritage value to the Thornhill Heritage Conservation District and should not be demolished and replaced with a new house.  Heritage Markham has consistently indicated to the applicant that an appropriately designed addition to the existing house would be supported.  Based on this position, and Council’s refusal of the demolition permit, Heritage Markham had no comment on either the Minor Variance or Site Plan Control applications.

 

OPTIONS/ DISCUSSION:

A “C” classification does not ensure that demolition will be supported

According to the policies of the new Thornhill Heritage Conservation District Plan, the demolition of Class C buildings will be considered on a case by case basis.  Many of the C buildings have cultural heritage value or contextual value.  According to the provisions of the Ontario Heritage Act, a property can possess contextual value if it is “important in defining, maintaining or supporting the character of an area”.  The loss of a building of contextual value, such as the house at 179 John Street, would be detrimental to the preservation of the character of old Thornhill.

 

The house can be preserved and enlarged with an appropriately designed new addition.

The preservation of the existing house on the property would not prevent the construction of an addition.  The recommended approach would be to retain the essential character of the 1948 house, and expand it at the rear with a complementary addition according to the guidelines and policies of the Thornhill Heritage Conservation District Plan.  The demolition of the garage, not considered to have heritage value, is supported to allow the applicant greater flexibility to accommodate an addition.

 

The owner/applicant does not want to retain and expand the existing house

The owner/applicant has made it clear that she does not want to retain and expand the existing house.  She had a professional evaluation of the condition of the house undertaken, and this evaluation provided costs to bring the house up to the owner’s desired standards.  This evaluation was done to support the application for demolition.  The owner has stated that she is not interested in investing in the current dwelling.

 

The owner/applicant has submitted plans for a new 2 storey brick house

The owner/applicant has submitted a Site Plan Control Application for a new house on the property, and previously submitted a Minor Variance Application based on this design.  The proposed new house, a 2 storey brick dwelling rendered in the Gothic Revival style, is consistent with the design guidelines of the Thornhill Heritage Conservation District, based on a review by Heritage Section staff.  The house would be 401 square metres (4,316 square feet) and would have an attached, 2 car garage set back on the east side wall.  The minor variances required to implement the development include minimum lot frontage (to recognize an existing deficient frontage), maximum building depth, and maximum building height.  As stated earlier, the Minor Variance was essentially refused, except for the recognition of the deficient lot frontage, which is not necessarily tied to the specification of the development proposal currently before the Town.

 

The Site Plan was circulated to Town Departments and the TRCA

Notwithstanding Council’s decision to refuse the demolition permit application for the existing house, the Site Plan application was circulated to Town Departments and to the TRCA and Heritage Markham.  The circulation process identified non-compliance with the zone standards with respect to building height and building depth, both of which were the subject of Minor Variance Application A117/07 and refused by the Committee of Adjustment at its November 14, 2007 meeting.  The Minor Variances requested to implement the development proposal as submitted included: a building height of 13.33m whereas the By-law permits a maximum height of 9.8m and a maximum building depth of 20.1m whereas the By-law permits a maximum building depth of 16.8m.

 

The Site Plan Control Application should be refused

Based on Council’s decision to refuse the demolition permit application, it is recommended that the Site Plan Control Application be refused. Heritage Markham and Heritage Section staff are of the opinion that the house at 179 John Street is of cultural heritage value due to its contextual value (“maintaining & supporting the character of the area”), and should not be demolished.  A more spacious residence can be achieved on the property with a well-designed addition to the existing house.

 

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

If Council refuses the Site Plan Control application (i.e. an application to alter a designated property), within 30 days of receiving notice of Council’s decision, the applicant may file an appeal to the Ontario Municipal Board.  If a hearing is held and the Board does not support Council’s decision to refuse the application, the Board has the power, under Section 42 of the new Ontario Heritage Act, to direct that the permit be issued with or without terms and conditions.

 

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

Not applicable.

 

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

Appendix “A”:            Council Extract October 16, 2007

Appendix “B”:            Heritage Conservation District Building Inventory Page

Appendix “C”:            Proposal for New House

 

FILE PATH:

Q:\Development\Heritage\PROPERTY\JOHN\179\DCSJan1507.doc

 

FIGURE 1

 

Owner/Applicant:

Ms. Irina Gordon                                  Tel. (416) 831-8956

179 John Street                                    Fax. (416) 321-0045

Thornhill ON

L3T 1Y8

 

 

Location Map: