DEVELOPMENT SERVICES COMMITTEE

 

 

 

 

 

TO:

Mayor and Members of Council

 

 

 

 

FROM:

Jim Baird, Commissioner of Development Services

Valerie Shuttleworth, Director of Planning and Urban Design

 

 

 

 

PREPARED BY:

Michael Seaman, Senior Planner, Heritage

 

 

 

 

DATE OF MEETING:

2003-Mar-25

 

 

 

 

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

 

 

 


 

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.

 

Lands are impacted by the Elgin Mills Road access ramp for Highway 404

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 ‘A’ – Ministry of Transportation Map showing impact of onramp on houses

            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

             

                                        

 

 

 

 

 

 

Valerie Shuttleworth, M.C.I.P., R.P.P.

Director of Planning and Urban Design

 

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

 

OWNER:                         Bruno Tucciarone                             Telephone #:     1- (905) 683-1042

                                         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

Regional Municipality of York          Fax #:              

 

 

LOCATION MAP: