Report to: DEVELOPMENT SERVICES COMMITTEE Report Date: September 16, 2008

SUBJECT: DESIGNATION UNDER PART IV OF THE ONTARIO HERITAGE ACT

Memorial Gardens (Ontario) Ltd.

The John Ramer House and Barn

6278 19^th Avenue

PREPARED BY: Peter Wokral, Heritage Planner

Extension 7955

RECOMMENDATION:

THAT pursuant to the Conservation Review Board recommendation dated May 5, 2008 Council enact the attached By-law (Appendix ‘A’) on September 23. 2008 designating the John Ramer House and Barn at 6278 19^th Avenue , under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest;

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 (Strategic, Affected Units) 6. Attachment(s)

PURPOSE:

The purpose of this report is to advise Council of the Conservation Review Board’s findings and recommendations with respect to the Town of Markham’s intention to designate the John Ramer House and Barn at 6278 19^th Avenue, as a property of cultural heritage value or interest, under Part IV of the Ontario Heritage Act.

BACKGROUND:

The John Ramer House and Barn are significant cultural heritage resources.

The John Ramer House constructed circa 1853 and added to in 1890 is a 2 ½ storey stone and brick dwelling. Its unique design and construction reflects the Pennsylvania German background of its original owner. The John Ramer Barn constructed in 1869 is Markham’s last remaining Pennsylvania German Bank Barn. Both buildings display John Ramer’s initials in one of their gables along with their respective dates of construction. Together, they effectively illustrate and help interpret the cultural building practices of the Pennsylvania Germans who were instrumental in developing agriculture within Markham Township. The buildings also provide a tangible link to John Ramer and the Ramer family who preformed a vital role in the early development of the community of Dickson Hill. (See Photographs Fig.2)

Council recommended the subject property for designation in April of 2006

On April 18 2006, based on the recommendation of Heritage Markham, Council passed its Intention to Designate 6278 19^th Avenue as a property of cultural heritage value or interest under Part IV of the Ontario Heritage Act. The designation was initiated in response to the deteriorating condition of the two buildings and the unauthorized demolition of a lean-to shed attached to the house.

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 owners submitted an application to demolish the John Ramer House and Barn

On November 13, 2007 prior to the commencement of the Conservation Review Board hearing in December, Memorial Gardens submitted a demolition permit for the John Ramer House and Barn despite Council’s intention to designate both buildings.

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. Heritage Markham recommended that Council refuse the demolition permit application (Heritage Markham Extract Appendix ‘B’).

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. The Official Plan Amendment application is currently on hold pending receipt of additional information. A Public Meeting has not yet been held.

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 to determine 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 second 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.

The Conservation Review Board requested that the Owner not take any action on the demolition permit application until after the Conservation Review Board had 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 with respect to its demolition permit application until after the Conservation Review Board had issued its decision. The solicitor for the owner verbally indicated that the owners would not take any further action to demolish the buildings until Council had the opportunity to make a decision on the demolition permit application having the benefit of the recommendations contained in the report from the Conservation Review Board in front of them.

The Last part of the Conservation Review Board Hearing was held on April 16^th, 2008

The Conservation Review Board hearing concluded on April 16^th after the cross examination of the objector’s expert heritage witness.

The Conservation Review Board recommended that the designation proceed

The Conservation Review Board’s findings are contained in a report dated May 5, 2008, which was received by the Town on July 17^th, 2008. The board recommends that the John Ramer House be designated under Part IV of the Ontario Heritage Act (Appendix ‘C’).

Council denied the demolition permit applications; owners have appealed

On June 24, 2008, Council refused the demolition permit applications (Appendix ‘D’). The property owner has appealed the decision to the Ontario Municipal Board citing amongst other reasons: neither the property nor the buildings are thought to be of cultural heritage value; the owners wish to use the lands for cemetery use; the buildings are in a poor state of repair; and the decision is not in the public interest and interferes with good planning.

OPTIONS/ DISCUSSION:

Council should proceed with the designation of the property

The Town should now proceed with the designation of the John Ramer House and Barn under Part IV of the Ontario Heritage Act based on the recommendation of the Conservation Review Board. Heritage designation will improve the status of these culturally significant buildings and aid in their preservation. It is recommended that the designation By-law (Appendix ‘A’) be placed on the Council agenda for September 23, 2008.

FINANCIAL TEMPLATE

Not Applicable

ALIGNMENT WITH STRATEGIC PRIORITIES:

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.

DEPARTMENTS CONSULTED AND AFFECTED:

This Staff report has been reviewed by the Town Solicitor and acceptance of this recommendation to pass the by-law designating 6278 19^th Avenue under the Ontario Heritage Act will require the Clerk’s Department to complete the designation process and initiate the registration of the by-law on the property title.

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

ATTACHMENTS:

Figure 1: Location Map

Figure 2: Photographs of the John Ramer House and Barn

Appendix ‘A’: Proposed Designation By-law

Appendix ‘B’: Heritage Markham Extract November 14, 2007

Appendix ‘C’: Extract from Conservation Review Board Report

Appendix ‘D’: Extract - Council Resolution of June 24, 2008

FIGURE 1

File Path:

Q:\Development\Heritage\PROPERTY\NINETNTH\6278\John Ramer Post CRB DESIGNATION REPORT Legal Reviewed.doc

Owner/Applicant

Steve Rupert, Vice President Construction & Development

Memorial Gardens Canada Ltd.

2 Jane Street

Toronto ON M6S 4W8

Location Map