Report to: Development Services Committee December 2, 2008

SUBJECT: Demolition Permit Application 08 129283 DP and Intention to Designate under Part IV of the Ontario Heritage Act

Samuel Wideman House

10541 Highway 48

Emery Investments

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

RECOMMENDATION:

That as recommended by Heritage Markham, Council refuse the demolition permit application for the Samuel Wideman House at 10541 Highway 48 on the basis of its cultural Heritage Value or Interest;

That Council encourage the owner to repair and re-tenant the house to ensure its long-term preservation;

That Council approve the demolition application for the barns and sheds on the property;

That as recommended by Heritage Markham, the Samuel Wideman House – 10541 Highway 48 be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest;

That the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act;

That if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place a designation by-law before Council for adoption;

And That if there are any objections in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board.

EXECUTIVE SUMMARY:

The Samuel Wideman House at 10541 Highway 48, is a brick farmhouse dating from c.1855, listed on the Markham Register of Property of Cultural Heritage Value or Interest. The house is associated with a prominent Pennsylvania-German Mennonite family. The property is in agricultural use, and is outside of the Urban Boundary. The house was tenanted until about 6 months ago.

The property owner, Emery Investments, recently inquired about the heritage status of the house and the potential for approval of a demolition permit application. They followed up with an application to demolish the house, barn and sheds.

Heritage Markham and staff do not support the demolition of the house, and recommended to the owner that it be repaired and re-tenanted to ensure long-term preservation. In order to protect the Samuel Wideman House from demolition, it is recommended that Council refuse the demolition permit application for the house, and proceed with an Intention to Designate the property under Part IV of the Ontario Heritage Act. There is no objection to the demolition permit application for the barn and sheds.

FINANCIAL CONSIDERATIONS:

There are no direct financial implications to the Town at this time.

The building is listed on the Town of Markham Register

The subject building is located at 10541 Highway 48, which is on the east side, south of Elgin Mills Road. It is included in the Markham Register of Property of Cultural Heritage Value or Interest. The Register is the Town’s inventory of non-designated properties identified as having cultural heritage value or interest, Part IV properties (individual designations) and Part V properties (district designation).

The owner has applied for a demolition permit, including the house, barn and sheds

The owner, Emery Investments, initially inquired about the heritage status of the house and the potential for approval of a demolition permit application. They were advised by staff that the property is listed on the Register of Property of Cultural Heritage Value or Interest. A site visit was arranged with the owner for staff and members of Heritage Markham to view the house. The site visit confirmed that it is a building of cultural heritage value or interest.

The property is outside of Markham’s current Urban Boundary

The Samuel Wideman House is located on a property outside of Markham’s current urban boundary. The land is currently in agriculture use. The house was tenanted until about 6 months ago, and is now vacant. The interior and yard were left with much debris by the tenants, but this has been cleaned up by a contactor employed by the owner.

Heritage Markham does not support the demolition application

Heritage Markham considered the demolition permit application at its meeting of November 12, 2008, and heard a deputation by the owner. Heritage Markham does not support the demolition permit application for the house, but has no objection to the demolition of the deteriorated barn and a group of sheds (Heritage Markham Extract attached as Appendix ‘A’).

The Samuel Wideman House is a good example of a mid-19^th century patterned brick farmhouse and is associated with a prominent Pennsylvania German Mennonite family

The Samuel Wideman House, c.1855 is a one and a half storey patterned brick farmhouse in the vernacular Georgian architectural tradition, with Classic Revival details. The brickwork is noteworthy of the variation in the degree of decorative brick detailing on each side of the building. There is a rear “doddy house” addition dating from c.1900. Samuel Wideman was the grandson of the Reverend Henry Wideman, the first ordained Mennonite clergyman in Markham Township, who arrived here in 1803 and settled on this property. The present house incorporates some interior details from an earlier frame farmhouse on the site.

The Statement of Significance- Reasons for Designation is attached as Appendix ‘B’.

The building has been assessed using the Ministry of Culture’s Designation Criteria

The Government of Ontario on January 25, 2006 passed a regulation (O.Reg. 9/16) which prescribes criteria for determining a property’s cultural heritage value or interest for the purpose of designation. Municipal councils are permitted to designate a property to be of cultural heritage value or interest if the property meets the prescribed criteria.

The purpose of the regulation is to provide an objective basis 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 property may be designated if it meets one or more of the criteria.

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 rare, unique, representative or early example of a style, type expression, material or construction method.

The property has historical value or associative value because it:

Has direct associations with a theme, event, belief, person, activity, organization or institution that is significant to a community;
Yields, or has the potential to yield, information that contributes to an understanding of a community or culture.

The property has contextual value because it:

Is physically, functionally, visually or historically linked to its surroundings

The Ontario Heritage Act provides for interim protection for properties listed on the Register

For properties listed on the Markham Register of Property of Cultural Heritage Value or Interest that are not designated individually or within a designated heritage conservation district, or where Council has not passed a resolution indicating an intention to designate, the procedure outlined in Section 27(3) of the Act is followed. As a listed property, the demolition request must be reviewed by Heritage Markham and its recommendation addressed by Markham Council within 60 days of the date of the Town’s written Notice of Receipt of the demolition permit application (sent November 10, 2008).

Heritage Markham recommends refusal of the demolition permit and designation of the property

Heritage Markham recommends that Council refuse the demolition permit application for the Samuel Wideman House, based on its cultural heritage value or interest, and proceed with an Intention to Designate under Part IV of the Ontario Heritage Act. This recommendation is supported by staff. Heritage Markham does not object to the demolition of the barn and sheds.

Heritage Markham also recommends that Council request the owner to repair and re-tenant the vacant house to ensure its long-term protection.

The preservation of the heritage resource is consistent with Town policies

The Town of Markham Official Plan contains Cultural Heritage policies related to the protection and preservation of heritage resources and how they are to be treated within the development process of an area. These policies support the preservation of heritage resources on their original site, and the integration into new development proposals. The designation of this resource will ensure that its heritage attributes are addressed and protected.

Provincial planning policies support designation

The Ontario Government’s current Provincial Policy Statement which was issued under Section 3 of the Planning Act and came into effect March 2005 includes cultural heritage policies. These policies indicate that significant built heritage resources and significant cultural heritage landscapes shall be conserved. Designation provides a mechanism to achieve the necessary protection.

Designation will protect the heritage building until its consideration within the future planning process for this part of Markham

Heritage designation will strengthen the Town’s ability to provide for the appropriate integration of the heritage resource into any future development proposals, or to ensure its appropriate treatment if the property continues in agricultural use. It will enhance the resource’s status during changes in ownership and offer protection from potential alterations that may affect the heritage attributes and value.

Designation acknowledges the importance of the heritage resource

Designation signifies to both the owner and the broader community that the property contains a significant resource that is important to the community. Designation doesn’t restrict the use of the property. However, it does require the owner to seek approval for property alterations that are likely to affect the heritage attributes described in the designation by-law. Council can also prevent, rather than just delay, the demolition of a resource on a designated heritage property.

ENVIRONMENTAL CONSIDERATIONS:

The preservation of heritage buildings is environmentally sustainable because it conserves building materials and resources, prevents sound construction materials from entering landfill sites, and reduces the need to produce and transport new construction materials.

ACCESSIBILITY CONSIDERATIONS:

Not applicable

ALIGNMENT WITH STRATEGIC PRIORITIES:

Heritage designation aligns with the Corporate strategic focus of Growth Management (Heritage) by recognizing and protecting heritage resources, which strengthen the sense of community.

BUSINESS UNITS CONSULTED AND AFFECTED:

Acceptance of this recommendation to designate the property located at 10541 Highway 48 under Part IV of the Ontario Heritage Act will require the Clerk’s Department to initiate the following actions:

publish and serve on the property owner, the Ontario Heritage Trust and the public through newspaper advertisement, Council’s notice of intention to designate the property as per the requirements of the Act: and

prepare the designation by-law for the property

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

Figure 1

Owner: Emery Investments

620 Wilson Avenue, Suite 401

Toronoto, ON

M3K 1Z3

Contact: Tel. 416-630-6927 ext. 272

Mai Somermaa Fax. 416-630-6997

Location Map: