Report to: Development Services Committee May 25, 2010

SUBJECT: Request for Demolition

41 Albert Street, Markham

29 Washington Street, Markham

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

RECOMMENDATION:

1) THAT Council endorse the demolition of the garages at 41 Albert Street and 29 Washington 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 garages at 41 Albert Street and 29 Washington Street, Markham.

BACKGROUND:

Owners of the properties propose to demolish garages

The owners of properties at 41 Albert Street and 29 Washington Street each wish to demolish non-heritage garages to allow replacement structures.

The properties are located within a heritage conservation district

As the properties are 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 garages. Heritage Markham reviewed the request for demolition of the garages on May 12, 2010 and had no objection.

OPTIONS/ DISCUSSION:

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

Although the subject buildings are not considered to possess cultural heritage value, they are 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 garages by the Heritage Markham committee and Heritage Section Staff has determined that the structures have no cultural heritage value.

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

None

HUMAN RESOURCES CONSIDERATIONS

Not Applicable

ALIGNMENT WITH STRATEGIC PRIORITIES:

Not Applicable

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:

None
FIGURE 1

FILE PATH: Q:\Development\Heritage\PROPERTY\ALBERT\41\DSC Demo Report May 18 2010.doc

APPLICANT:

Mark and Ed Casella, 41 Albert Street

Douglas and Lyn Reid, 29 Washington Street

LOCATION MAP