Report to: Development Services Date
Report Authored: January 12, 2010
SUBJECT: DEMOLITION
PERMIT APPLICATION 09 125846 DP
Demolition
of a Single Detached Dwelling
Mr. Joseph Mozaffari,
Applicant
93
John Street
Thornhill Heritage
Conservation District
PREPARED BY: George
Duncan, Senior Heritage Planner, ext. 2296
RECOMMENDATION:
1)
That the staff report titled “Demolition of a Single
Detached Dwelling,” dated January 12,
2010, be received;
2)
That Council approve the demolition permit application
for the house at 93 John Street
conditional upon:
·
The replacement dwelling being designed to
comply with the policies and guidelines of the Thornhill Heritage
Conservation District Plan;
·
The applicant obtaining Heritage
Site Plan Approval for the replacement dwelling;
3)
And that staff be authorized and directed to do all
things necessary to give effect to this resolution.
EXECUTIVE SUMMARY:
Not Applicable
PURPOSE:
To recommend to Council the
approval of a demolition permit application for a non-heritage building at 93
John Street, within the Thornhill Heritage
Conservation District.
BACKGROUND:
A demolition permit application has been received for a building at 93
John Street
A demolition permit application
has been received for the non-heritage dwelling at 93
John Street, within the Thornhill Heritage
Conservation District. The applicant
intends to construct a new house on the property. A Site Plan Control Application is expected
to be submitted in the New Year.
As per the requirements of the Ontario
Heritage Act, Council must
consider the demolition application within 90 days of submission. The deadline for a Council decision is February 18, 2010.
The existing building is a one
storey frame house dating from 1950-1951, clad in wood shingles. In the Thornhill Heritage
Conservation District Plan Building Inventory, the house is described as a
ranch bungalow (see page from the Building Inventory, Appendix “A”).
The applicant’s consultants recommend demolition due to the building’s
condition
The applicant has advised staff
and Heritage Markham that the current house is
in poor condition overall, and does not meet his family’s needs. He has commissioned reports from an architect
and engineer that identify structural and other issues and conclude that the
house is not worth repairing (see consultant reports, Appendix “B”). The owner has secured the support of the
Thornhill Conservation District Ratepayer’s Association for his application to
demolish the existing house and replace it with a new dwelling. Heritage
staff and members of Heritage Markham have
visited the property and witnessed some of the issues identified in the
consultant reports.
The applicant plans to construct a new dwelling
The applicant proposes to
construct a new dwelling to replace the existing building, which he considers
unsalvageable. To date, no conceptual
site plan or elevations have been submitted, however the applicant has verbally
advised that he is considering a two storey brick or stucco dwelling. Heritage Markham
has requested that conceptual plans be prepared and submitted for comment at Heritage
Markham’s January 13, 2010
meeting.
OPTIONS/ DISCUSSION:
The applicant has met with Heritage Markham and consulted with staff to discuss his
proposal
The applicant met with Heritage
Markham at two committee meetings (November 11 and December 9, 2009), and at a site visit on November
30. In addition, there has been other
communication with staff and the Ward Councillor. The applicant was advised that the existing
dwelling has contextual value due to its scale, massing and materials, and for
this reason, the retention of the frame house was initially recommended. In consideration of the applicant’s concerns
about the condition of the building and the findings of the consultant reports,
Heritage Markham agreed to not oppose the
demolition subject to the condition that the owner construct a new dwelling in
accordance with the policies and guidelines of the Thornhill Heritage
Conservation District Plan (see Heritage
Markham Extract from the December 9, 2009 meeting, Appendix “C”).
However, the applicant was asked
to return to Heritage Markham on January 13, 2010 with a concept plan
for the proposed new dwelling.
Therefore, Heritage Markham may have
further recommendations on this application which would be forwarded to Council
for consideration on January 19, 2010.
The demolition of Class C buildings is evaluated on a case-by-case
basis
The dwelling to be demolished is a
Class C building. According to the
Thornhill Heritage Conservation District Plan
2007, Class C buildings are described as post-1939 buildings that are
sympathetic to the District by virtue of their scale or design qualities, or
buildings not sympathetic to the historic character of the District. The policy regarding the demolition of Class
C buildings is as follows: “Demolition of Class C buildings will be considered
on a case by case basis.” Through the
process of review of the demolition permit application, it was concluded by
staff and Heritage Markham that 93
John Street is a building that is sympathetic to
the District in terms of scale and design qualities, but is not of historical
significance.
Heritage Markham is concerned about the loss of
modestly-scaled houses within the Heritage
District
The tendency for older,
modestly-scaled non-heritage houses to be replaced by new dwellings that meet
most of the provisions of the zoning by-law but appear out of scale with the
general built form of the neighourhood was once again highlighted by this
application. The existing or proposed
new dwellings at 75, 77, 100 and 179 John Street
were cited by the members of Heritage
Markham. The concept of using the powers
of the Ontario Heritage Act
to override the provisions of the zoning by-law to limit the size of new
dwellings was raised by Heritage Markham;
however, staff advised that this power has never been tested in Ontario
since the new legislation of 2005.
Currently, the size of the new dwelling would be limited by the
development standards of the zoning by-law, and guided by the policies of the
District Plan.
The existing dwelling can be replaced with a compatible new house using
the policies and guidelines of the Heritage
District Plan
Although it appears that the
problems related to the condition of the existing house could be addressed
through repairs, in consideration of the Class C status of the house and its
lack of historical significance or noteworthy architectural attributes, the
replacement of the building can be supported.
A new dwelling compatible with the area can be designed using the
policies and guidelines of the District Plan.
If the proposed replacement
dwelling is not found to be compatible with the district and compliant with the
District Plan, Heritage Markham can recommend
denial of the Site Plan Control application.
If Council does not support the application, Council’s decision can be
appealed to the Ontario Municipal Board.
The case of 93
John Street should not be considered
precedent-setting for the treatment of other Class C buildings within the
Thornhill Heritage District, as some of these
may be found to have cultural heritage value sufficient to warrant their
retention within the context of future planning applications.
FINANCIAL CONSIDERATIONS
AND TEMPLATE: (external link)
Not applicable.
HUMAN
RESOURCES CONSIDERATIONS
Not applicable.
ALIGNMENT
WITH STRATEGIC PRIORITIES:
This application aligns with the
strategic priority of Managed Growth by allowing for redevelopment of a
residential property with a new house that will be constructed in accordance
with the policies and guidelines of the Thornhill Heritage
Conservation District Plan.
BUSINESS UNITS CONSULTED
AND AFFECTED:
The Chief Building Official
was consulted in the preparation of this report.
RECOMMENDED BY:
______________________________ ________________________
Biju
Karumanchery, M.C.I.P., R.P.P.
James Baird, M.C.I.P., R.P.P.
Senior
Development Manager
Commissioner of Development Service
ATTACHMENTS:
Figure 1: Location Map Appendix
“A”: Building Inventory Page
Appendix
“B”: Consultant Reports
Appendix
“C”: Heritage
Markham Extract
File Path: Q:\Development\Heritage\PROPERTY\JOHN\93\DSCJan1210.doc
Figure 1:
Owner/Applicant:
Joseph Mosafarri Tel.
905-707-6565
93 John Street email:
joseph4@hotmail.com
Thornhill ON
L3T 1Y3
Location Map: