Report to: Development Services Committee Report Date: May 19, 2009

SUBJECT: Zoning By-law Amendment application to reduce Minimum Lot Frontage requirement

2 Peter Street, Markham

ZA 08 117730

Deborah Boylan

PREPARED BY: Regan Hutcheson, Manager of Heritage Planning, ext 2080

RECOMMENDATION:

That the zoning by-law amendment application (file ZA 08 117730) to reduce the minimum lot frontage requirement at 2 Peter Street, Markham Village Heritage Conservation District be denied;

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

1. Purpose 2. Background 3. Discussion 4. Financial 5. Others (Strategic, Affected Units) 6. Attachment(s)

PURPOSE:

The purpose of this report is to consider an application submitted by D. Boylan for a zoning by-law amendment to permit a reduced lot frontage at 2 Peter Street, Markham to facilitate the future severance of the property.

BACKGROUND:

Property and Area Context

The property is located in the Markham Village Heritage Conservation District, west of Main Street North where Beech Street intersects with Peter Street. The dwelling on the property is identified as a significant heritage resource (1 ½ storey, brick, single detached Queen Anne style dwelling constructed in the 1880s). The lot is larger than most on Peter Street as it includes a portion of the former Beech Street road allowance (33 ft). The historic plan of subdivision from 1891 illustrates the subject lot and the proposed road allowance (see Appendix ‘B’). The existing lot frontage (including the old right-of-way) is 93 feet. (see Appendix ‘C’ for the legal survey).

To the north, east and west of the property are single detached homes. To the south of the property is a townhouse development.

Official Plan and Zoning

The Official Plan (Revised 1987) designates the subject lands as Urban Residential. The property is not located within a Secondary Plan area. The subject property is zoned Residential (R1) and permits a single detached dwelling and an accessory building (see Figure 2). The minimum lot frontage requirement is 60 ft and the minimum lot area is 6600 sq ft.

Application is for reduced lot frontage to permit the future severance of the property

A zoning by-law amendment is requested to reduce the lot frontage requirement to facilitate a future severance. Details of the proposal:

Ø Amend the zoning by-law to allow reduced lot frontage to permit a 14.10m (46.25 ft) new lot and a 15.5m (51ft) retained lot. The actual “lot frontage” from a zoning by-law perspective would be 14.66m (48.125ft) and 16.15m (53 ft) since the lot frontage for lots where the side lot lines are not parallel is calculated as the distance between the side lot lines measured twenty-five feet back from and parallel to the front lot line.

Ø Amendment would permit the future severance of 2 Peter Street to create an additional lot while retaining the heritage house on the retained lot. The proposal includes the additional severance of a small portion of 4 Peter Street (1.22m) which would be added to 2 Peter Street to allow for the creation of a future new driveway north of the heritage house. The lot frontage at 4 Peter would decrease from 66 ft to 62ft, but would still comply with the by-law (frontage and lot area).

Ø The two proposed lots at 2 Peter Street would comply with the minimum lot area requirement (6600 sq ft)

Ø Applicant indicates that the new lot would accommodate a threatened heritage dwelling to be relocated to the site. The applicant suggests that the new lot be subject to a HOLD provision in the zoning by-law until the relocation of a heritage house is approved by the Town.

Previous applications were withdrawn in 2005

In 2005, the owner applied to Committee of Adjustment for Minor Variance and Consent for 2 and 4 Peter Street. The proposal was to sever 2 Peter Street to create one new lot while retaining the heritage house on the retained lot, sever a small portion of 4 Peter Street and add it to 2 Peter Street to allow a new driveway north of the heritage house and to obtain the necessary variances for lot frontage and side yard setbacks related to the heritage house. Heritage Markham opposed the application (July 13, 2005) for the following reasons:

- The maintenance of variable lot sizes and frontages is an important factor in defining the character of the existing streetscape and pattern of development in the Markham Village Heritage Conservation District;

- The possible loss of mature vegetation;

- The impact of the severance on the existing heritage home at 2 Peter Street;

- The impact of the severance on the heritage streetscape.

The Committee of Adjustment applications were subsequently withdrawn on July 27, 2005.

Heritage Markham does not support current application

At its meeting on August 13, 2008, Heritage Markham heard from the applicant. A number of local residents in opposition to the application also attended. Heritage Markham indicated that it does not support the amendment due to the impact of the future lot on the existing pattern of lot development on Peter Street and the impact it would have on the heritage streetscape.

Statutory Public meeting was held in October

On October 21, 2008, the Statutory Public Meeting was held to consider the application. A number of local residents from the area spoke in opposition to the application. As well, the President of the Markham Village Conservancy spoke against the proposal. Key public issues and concerns raised included:

Ø The impact on Peter Street’s distinctive/ unique heritage character;

Ø Space around a dwelling is important on this street;

Ø Concerns with the identified style of heritage house proposed for relocation to the lot (farmhouse);

Ø Proposal not in keeping with area standards;

Ø Government intensification policies should not apply to stable heritage areas;

Ø Loss of mature vegetation and trees which contribute the heritage character.

The applicant submitted that the application should be supported as the subject lot is larger than most on the street due to the old road allowance, the location is adjacent to higher density townhouses, other heritage conservation district plans promote relocating heritage buildings into districts and the proposal would be proactive in saving a threatened heritage building elsewhere in the Town. Staff was asked to discuss the proposed front yard setback of the relocated dwelling in the future staff report. The extract from the Public Meeting is attached as Appendix ‘E’.

OPTIONS/ DISCUSSION:

Staff has a number of concerns with the proposed amendment and the subsequent creation of an additional lot.

The amendment would have a negative affect on the existing pattern of development

As many of the local residents noted, the lotting pattern on Peter Street and associated dwellings has created a distinctive and unique heritage character.

Twenty-three (23) of the lots on Peter Street between Beech Street and David Street each have frontages of 66 ft and lot areas of 8712 sq ft. This same stretch of Peter Street includes 23 heritage single-detached dwellings which are situated on large lots with an abundance of space around each house. This has resulted in a unique rhythm of dwelling units along Peter Street which is one of the most intact heritage streets in the Town of Markham. Clearly, the character of this unique area has been set, in large part, by the larger lot frontages. The chart below illustrates that the vast majority of lots are within the 60-69 ft range:

Existing Frontage	# of dwelling units	Percentage
45-49 ft	1	2.5%
50-59 ft	3	7.5%
60-69 ft	30	75.0%
70-79 ft	3	7.5%
80-89 ft	0	0
90 ft and over	3	7.5%
TOTAL	40	100%

*analysis includes 1 to 42 Peter Street and 3, 5,8,10 Beech Street

There are a few lots, primarily on corners, where the frontage is substantially less than the average lot frontage (i.e. 19 and 23 Peter Street).

Although the subject lot has a greater frontage than most due to the inclusion of the old road allowance, creating two lots would be out of character for the area. The applicant has argued that the new lot would be located at the southern end of Peter Street adjacent to a relatively recent condominium townhouse development to the south and five single-detached dwellings on Beech Street which give the appearance of denser development. However, these areas are separated through vegetation and distance from the Peter Street streetscape.

Also related to the lot frontage is the placement of dwellings along the street. At present, the historic dwellings are all similarly setback and create a consistent rhythm along the streetscape. There has been little change in the west side of the streetscape since the 1890s, and the streetscape is quite unique in Markham (see Appendix ‘D’). The addition of a new building form on the proposed new lot would disrupt this distinctive rhythm and pattern of development. Staff had advised the applicant that if the new lot was approved, any new building form should be set further back on the property as to not disrupt the existing rhythm and spacing of dwelling units.

There would be limited open space around the two dwellings.

The existing buildings along the street, especially on the west side, have a fair amount of open space around each dwelling unit due to the size of the dwelling units and the larger lot frontages. The introduction of a new lot and dwelling would not complement the typical urban form or contextual environment found on the street. Part of the reason for heritage conservation district designation is to maintain the character of a special area in the community.

Further, the current house and vegetation form a key focal point and vista at the western end of Beech Street. If the new lot and dwelling were approved, the vegetation would be removed and the view would be another dwelling unit. The existing heritage house would not have the “breathing space” around it, similar to all other homes on Peter Street.

Support for reduced lot frontage could lead to other requests

One of the matters to be considered is whether approval of lot frontage reduction for the purpose of a future severance would in any way encourage other severances along the street. The current proposal would result in the creation of a lot with a 48 ft frontage (by-law definition). Even allowing that the heritage buildings on Peter Street are protected and will remain, there could be opportunities on the street to create new lots with a similar frontage to the subject proposal. For example, through the acquisition of non-heritage lots, the properties at 11, 13 and 15 Peter Street could be consolidated to yield four new lots all with frontages of 47 feet and lot areas as follows: 3 @ 6600 sq ft and 1@ 6072 sq ft (which would require a variance). Further, the lot at 20 Peter Street has a current lot frontage of 90.75 ft which could yield two lots with 45 ft frontages and lot areas of approximately 5200 sq ft (all would require variances). Staff is concerned about the precedent that approval of the 2 Peter Street proposal could set.

This proposal would result in the loss of vegetation and trees

Peter Street and this lot in particular, is characterized by a fair amount of mature vegetation that contributes to the heritage urban forest in the area. The proposal to relocate the driveway for 2 Peter Street to the north of the dwelling unit would result in the loss of a number of mature trees. One large, well-formed tree, a Manitoba Maple, would definitely be impacted by a driveway in the location proposed. The applicant has submitted an arborist report recommending tree removal “due to the risk of limb failure causing roof damage and the risk that the roots may cause damage to the stone foundation”. Further, a large Maple tree with an extensive canopy is situated on the south property boundary of the existing 2 Peter Street, and any redevelopment on a severed lot could detrimentally impact the extensive root system. Staff had requested a comprehensive Tree Inventory and Preservation Plan.

The applicant proposes to relocate a heritage dwelling to the site

Concern has been expressed regarding the proposed dwelling to be relocated to the new lot, should this proposal be supported. The identified dwelling for possible relocation is a rural farmhouse whereas the buildings on Peter Street were built around the turn of the 20^th C and are village dwellings.

In support of the proposal, the applicant has noted that other heritage conservation district plans in Markham promote the relocation of threatened heritage buildings to lots in the district. This is correct. However, the premise would be to relocate a building to an existing vacant lot or a lot with a non-heritage building, and as the Thornhill Heritage Conservation District Plan states:

“a threatened heritage building relocated to the District from another site will generally be compatible in style and type to the existing development patterns in the District”.

This is not a desirable form of intensification

The applicant has indicated that the creation of the additional lot would comply with the objectives of the Provincial Policy Statement and its desire for efficient use of land, and the Province’s Places to Grow intensification policies. Although both documents recognize the need for intensification in communities, they also support the maintenance and protection of stable residential areas and heritage conservation districts.

Conclusion

Based upon the above analysis, it is recommended that the requested zoning by-law amendment be denied.

ALIGNMENT WITH STRATEGIC PRIORITIES:

The protection and conservation of heritage resources and areas is a key component of the community’s Growth Management.

DEPARTMENTS CONSULTED AND AFFECTED:

The application was circulated for comments to internal departments and Heritage Markham, Council’s heritage advisory committee.

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 Area Context/Zoning Map

Figure 3 Air Photo

Figure 4 Site Plan

Appendix ‘A’ Photographs

Appendix ‘B’ Historic Subdivision Plan (1891)

Appendix ‘C’ Legal Survey of Property

Appendix ‘D’ Historic Peter Street Photograph (c. 1900)

Appendix ‘E’ Public Meeting Extract

File path: Amanda\File 08 117730\Documents\Recommendation Report

FIGURE 1

FILE PATH \\MARKHAM.CA\APPS\AMANDADOCS\PLANNING\SAVEPATH\30027328073.DOC

APPLICANT and AGENT

Mr. Jim Boylan, Ms. Deborah Boylan

2 Peter Street

Markham, ON L3P 2A4

905-472-1110 (T)

Mr. Ben Quan

QX4 Investments Limited

17 Bauer Crescent

Markham, ON L3R 4H3

416-564-0351 (C)

905-477-2005 (T)

905-479-4517 (F)

LOCATION MAP