Report to: Development Services Committee Report Date: January 18, 2011

SUBJECT: Request for Demolition

352 Main Street North, Markham

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

RECOMMENDATION:

1) THAT Council has no objection to the demolition of the dwelling at 352 Main Street North located within the Markham Village Heritage Conservation District subject to the following conditions:

a. The applicant to advertise in the local newspapers the availability of the dwelling for relocation (but not to Markham Heritage Estates) and/or salvage of materials to promote diversion of materials from landfill;

b. The applicant obtain Site Plan Approval for a new building which complies with the Markham Village Heritage Conservation District Plan prior to the issuance of a demolition permit;

2) That the applicant be notified of Council’s decision as per the requirements of the Ontario Heritage Act;

3) That this item be sent to Council on January 25, 2011;

4) 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 dwelling at 352 Main Street North, Markham.

BACKGROUND:

Owner of the property proposes to demolish a dwelling

The owner of 352 Main Street North wishes to demolish a one storey, brick dwelling and construct a new 2 ½ storey office/residential building. The owner has applied for site plan approval for the new building.

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 dwelling. Heritage Markham reviewed the request for demolition of the dwelling on September 8, 2010 and had no objection subject to the owner advertising the building for relocation or for salvage of materials.

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 dwelling 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 Dwelling

Appendix ‘B’ Heritage Markham extract

FILE PATH: Q:\Development\Heritage\PROPERTY\MAINSTN\352\DSC Jan 18 2011 Demo.doc

APPLICANT:

M. Shahlavi

437 North Lake Road

Richmond Hill, ON L4E 3A7

Email -

moshalavi@yahoo.ca and

mo@castletonhomes.ca

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