Report to: Development Services Committee Report Date: June 2, 2009

SUBJECT: Request for Demolition - Garage

48 Albert Street, Markham

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

RECOMMENDATION:

1) THAT Council endorse the demolition of the garage at 48 Albert Street located within the Markham Village Heritage Conservation District.

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

PURPOSE:

To recommend that Council support the demolition of a garage at 48 Albert Street, Markham.

BACKGROUND:

Owner of the property proposes to demolish a rear yard garage

The owner of 48 Albert St. wishes to demolish a one storey, detached, single-car garage and replace it with a proposed two storey, double-car garage. The aluminium clad, frame garage is of mid 20^th century construction and is located in the rear yard of the property.

The property is located within a heritage conservation district

As the property is designated under Part V of the Ontario Heritage Act, the review by Heritage Markham is required and the approval of Council is necessary to permit the demolition of the existing garage. Heritage Markham reviewed the request for demolition of the garage on April 8, 2009 and had no objection.

OPTIONS/ DISCUSSION:

The Ontario Heritage Act requires Council to consider all demolition applications.

Although the subject building is not considered to possess cultural heritage value, it is located within the Markham Village Heritage Conservation District. According to the Ontario Heritage Act [section 42(1)], an owner is required to obtain a permit from the municipality to:

alter any part of the property other than the interior
erect, demolish or remove any building or structure on the property or permit the erection, demolition or removal.

The Act does allow a municipality to delegate its power to grant permits for the alteration of property situated in a heritage conservation district to an employee or official of the municipality. Markham Council has approved such a by-law delegating its power for the approval of alterations to the Manager of Heritage Planning. However, upon consultation with Legal staff, the delegation of “alterations” to staff does not include the authority to consider applications for demolition or removal which are addressed under Part IV and V of the Act, and where no delegation provisions apply in these circumstances.

Therefore, all applications for demolition of buildings and structures within heritage conservation districts, whether of cultural heritage value or not, must be considered by Council.

The proposed demolition of the building can be supported

A review of the existing garage by the Heritage Markham committee and Heritage Section Staff has determined that the structure has no cultural heritage value.

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

HUMAN RESOURCES CONSIDERATIONS

ALIGNMENT WITH STRATEGIC PRIORITIES:

BUSINESS UNITS CONSULTED AND AFFECTED:

The demolition request was reviewed by Heritage Markham, Council’s advisory committee on heritage matters.

RECOMMENDED

BY:

________________________ ________________________

Biju Karumanchery, M.C.I.P., R.P.P. Jim Baird, M.C.I.P., R.P.P.

Senior Development Manager Commissioner of Development Services

ATTACHMENTS:

Appendix ‘A’ Photo of Garage

Appendix ‘B’ Heritage Markham extract

FILE PATH: Q:\Development\Heritage\PROPERTY\ALBERT\48\Dev Ser Comm June 2 2009 RH.doc

LOCATION MAP