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TO: |
Mayor and Members of Council |
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FROM: |
Jim Baird,
Commissioner of Development Services Valerie Shuttleworth, Director of Planning and Urban Design |
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PREPARED BY: |
Michael
Seaman, Senior Planner, Heritage |
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DATE OF MEETING: |
2003-Mar-25 |
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SUBJECT: |
Designation
under Part IV of the Ontario Heritage Act The Christian Heise House, 2730
Elgin Mills Road The Levi B. Heise House, 2718
Elgin Mills Road |
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RECOMMENDATION:
THAT Heritage Markham’s recommendation to designate the Christian Heise House at 2730 Elgin Mills Road and the
Levi B. Heise House at 2718 Elgin Mills Road under Part IV of the Ontario
Heritage Act be approved;
AND THAT the Clerks Department be authorized to:
PURPOSE:
To recommend to
Council that the Christian Heise House at 2730 Elgin Mills Road and the Levi B.
Heise House at 2718 Elgin Mills Road be designated under Part IV of the Ontario
Heritage Act.
BACKGROUND:
Two heritage buildings are located on the
subject lands
The properties on the north side of Elgin Mills Road, East of Highway 404, owned by Roamin Stables Ltd. contain heritage buildings known as Christian Heise House at 2730 Elgin Mills Road and the Levi B. Heise House at 2718 Elgin Mills Road. The properties form part of the Cathedral Secondary Plan Area and are listed on the Markham Inventory of Heritage Buildings.
DISCUSSION:
Lands subject to an application for
severance and rezoning in 1987
In 1987, the owners of the subject lands, Roamin Stables Ltd. made an application to the Town for severance and rezoning to rezone the subject lands from Agricultural Zone (A1) to Rural Residential Zone (RR1) to facilitate the future proposed severance of two rural residential lots from larger holdings.
Owner agrees to protect heritage buildings
Council approved the rezoning application at its meeting of April 7, 1987 subject to the owner of the subject lands entering into a development agreement to be registered on title, to address Town requirements with respect to the preservation and designation of the two heritage dwellings.
The owner agreed to enter into the development agreement, which was registered on title of the property, which contained the following conditions concerning protection of the heritage buildings:
· That the owner covenants and agrees to retain the two existing dwellings which are listed in the Heritage Markham Building Inventory at their present locations on the subject lands, to the satisfaction of the Town.
· That the owner covenants and agrees to include the following notices on title and in each subsequent offer of purchase and sale for the two existing heritage dwellings and any lots which may subsequently be severed to accommodate these dwellings:
“The Purchaser is advised that the existing dwelling on this property is listed in the Markham Building Inventory. Any proposed additions or alterations to the existing development shall be subject to review and approval of plans by the Town of Markham.”
“The Purchaser agrees not to oppose any proposed designation by the Town of Markham under the provisions of the Ontario Heritage Act, 1979 for the heritage buildings situated on this property.”
· That the owner covenants and agrees not to oppose any proposed designation under the provisions of the Ontario Heritage Act, 1979, for the two existing heritage buildings currently listed in the Heritage Markham Inventory.
The conditions of approval were included in an executed development agreement between the Town and the owner (Roamin’ Stables Ltd), dated June 23, 1987.
The owner also agreed to undertake certain restoration works on the two buildings and to post a $50,000 letter of credit to guarantee completion of the works. By 1989, the subject works were completed to the satisfaction of Heritage Markham and the Town and the Letter of Credit was returned in 1989.
Applications for Severance were denied by
the Committee of Adjustment
Although the Planning Committee (Development Services) of the Town of Markham advised the Committee of Adjustment of its support for the applications for severance, the Committee of Adjustment at its meeting, July 22, 1987 denied all four of the applications for severance of the subject property submitted by Roamin Stables Limited (B/37/87, B/38/87, B/39/87 and B/40/87). The reason for the denial was due to its concerns with the potential adverse impacts on surrounding agricultural land.
Ontario Municipal Board approved
applications for severance
The applications for severance were subsequently referred to the Ontario Municipal Board, which approved the applications in a decision dated March 9, 1988. The preservation of the heritage buildings was cited in the decision as a primary reason in support of allowing the severance. Since the severance was granted, the development agreement which the owner entered into with the Town and which provides for the owners consent to designate the two heritage buildings under Part IV of the Ontario Heritage Act remains in effect.
The subject lands containing the two heritage buildings have recently been reviewed for potential impacts by the proposed new access ramp from Elgin Mills Road to Highway 404. The Ministry of Transportation has provided the Town with a plan, which shows that the two heritage buildings will be indirectly impacted by the proposed onramp (Appendix ‘A’).
Heritage Buildings are to be preserved and
alternate access provided
Town (Heritage Section) staff has advised the Ministry of Transportation of the heritage significance of the two heritage buildings. Although the proposed access ramp will fall relatively close to the front of the two buildings, and alternate access may be provided, Town (Heritage Section) staff has been advised that the final plan for the ramp indicates preservation of the two buildings on their original sites with continued occupation for residential use.
Heritage Markham recommends designation of
the properties under Part IV of the Ontario Heritage Act
At its
meeting of August 8, 2001, Heritage Markham recommended that the Christian Heise House at 2730 Elgin Mills Road and the Levi
B. Heise House at 2718 Elgin Mills Road be designated under Part IV of the Ontario
Heritage Act (Appendix ‘B’).
Both houses are
good examples of vernacular farmhouses from the mid to late 19th
Century built with the influence of the Georgian and Gothic Revival Styles for
prominent farming families in the Township of Markham and the Community of
Victoria Square. Outlines
of the historical, architectural and contextual reasons for designation are
included in the Heritage Designation Reports, which are attached as
Appendix ‘C’ and ‘D’.
It is recommended that both
houses be designated under the Heritage Act.
FINANCIAL
CONSIDERATIONS:
No
financial implications are to be considered in this report
BUSINESS
UNITS CONSULTED AND AFFECTED:
Action required by Clerks Department
Should Council concur with
the recommendation to designate the Christian Heise
House at 2730 Elgin Mills Road and the Levi B. Heise House at 2718 Elgin Mills
Road the Clerks Department should be authorized to:
·
publish
and serve on the property owners, the Ontario Heritage Foundation and the
public through a newspaper advertisement, Council’s notice of intention to
designate the properties as per the requirements of the Act; and,
·
prepare
the Designation By-laws for the properties known as the Christian Heise House at 2730 Elgin Mills Road and the Levi B. Heise
House at 2718 Elgin Mills Road.
ATTACHMENTS:
Figure 1 - Applicant/Agent +
Location Map
Figure 2 - Aerial photograph
of 2730 and 2718 Elgin Mills Road
Appendix ‘B’ - Heritage Markham Extract
Appendix ‘C’ - Designation Report, the Christian Heise House at 2730 Elgin Mills Road
Appendix ‘D’ – Designation Report, the Levi B. Heise House at 2718 Elgin Mills Road
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Valerie Shuttleworth, M.C.I.P., R.P.P. Director of Planning and Urban Design |
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Jim Baird, M.C.I.P., R.P.P. Commissioner of Development Services |
FIGURE 1
Document #: Q:\Development\Heritage\PROPERTY\ELGNMLLS\2718
and 2730\pms0325.doc
President Fax #: 1- (905) 683-7794
Roamin’ Stables Ltd.
55 Doncaster Ave., Ste. 104
Thornhill, ON L3T 1L7
Clement Tucciarone Telephone #: 1- (905) 683-1042 Roamin’ Stables Ltd. Fax #: 1- (905) 683-7794
55 Doncaster Ave
Ste. 104
Thornhill, ON
L3T 1L7
John Wier Telephone
#: (416) 325-0381
LOCATION
MAP: