RECOMMENDATION:
THAT Heritage Markham’s recommendation to
designate the Menno Raymer House at 9404 Highway 48 pursuant to Part IV of the Ontario
Heritage Act be approved;
AND THAT the Clerks Department be authorized
to:
·
publish and serve Council’s Notice of Intention
to Designate as per the requirements of the Act; and
·
prepare the Designation By-law for this
property;
AND FURTHER THAT the application for demolition
be denied.
PURPOSE:
To recommend to Council that the Menno Raymer
House at 9404 Highway 48 be designated under the Ontario Heritage Act
and to recommend denial of the request to demolish the building.
BACKGROUND:
Application received to demolish this listed heritage
building
On July 23, 2003, Mr. Brian Bunting,
representing the owner of the property, applied for a building permit to
demolish the frame house at 9404 Highway 48.
The owner is proposing to remove the building from the property to
facilitate its sale for future development.
The owner has met with Heritage Markham
and its Architectural Review Sub-Committee on three occasions prior to the
application being submitted to review the heritage signficance of the dwelling
and determine whether it should be preserved.
Town (Heritage Section) staff researched the building and evaluated it
according to the Town of Markham Heritage Building Evaluation System, adopted
by Council in 1991.
It should be noted that Mr. Bunting’s
son, Alan Bunting, is listed as the owner of the adjacent property to the south
(9390 Highway 48), which contains a 1950s era brick bungalow, which is not
listed as a heritage building. No
demolition application has been received for that building.
Building has been evaluated as a Group 2
Staff has prepared a research report on the
house at 9404 Highway 48, which was considered by Heritage Markham’s
Architectural Review Sub-committee on July 17, 2003. The house is identified as the Menno Raymer House after the owner
of the property at the time the house was believed to have been built. It has been evaluated as a Group 2 heritage
structure under the criteria of Markham’s Heritage Building Evaluation
System. The house, dating from circa
1915 and listed on the Markham Inventory of Heritage Buildings since at
least 1991, is an architecturally significant example of an Arts and Crafts
Bungalow Cottage. Its historical
significance is based on its association with important early families in the
Mount Joy community and as one of a grouping of listed heritage buildings in
the vicinity of 16th Avenue and Highway 48.
There is currently no development application on the
property
There is no development application on
the property. Heritage Markham is of the opinion that the request to remove the
building is premature and without merit. Heritage Markham did request that the
prospective purchasers show them a concept plan for the development of the
property to determine how the house might be accommodated, which they declined
to do. The existing zoning is (RR1)
Residential and the Official Plan designation is Commercial.
At its meeting of July 17, 2003, Heritage
Markham’s Architectural Sub-Committee concluded that because the Menno Raymer
House has both architectural and historical significance, it should be retained
on site in an adaptive re-use as per the heritage conservation policies of the
Official Plan. The Sub-committee
acknowledged that the building may have to be moved to another part of the site
to preserve it, given potential road widening, site access issues or to
facilitate the efficient development of the property for future commercial
purposes.
Heritage Markham recommends denial of
the demolition permit and recommends designation.
At its meeting of August 13, 2003. Heritage Markham confirmed their position
that the building is significant and should be preserved on its existing property.
Heritage Markham recommended that the Menno Raymer House at 9404 Highway 48 be
designated under the Ontario Heritage Act and that the demolition permit
be denied. Heritage designation would
allow the Town to withhold issuance of a demolition permit for 180 days and
until such time as a building permit is obtained for a replacement building on
the property.
As a designated property, any
replacement building on the site would require site plan approval. Based on the heritage provisions of the
Planning Act, the Provincial Policy Statements, and the Markham Official Plan,
Council could deny the application if it did not incorporate the heritage
resource.
Applicant presented additional historical research on Menno
Raymer
At Heritage Markham’s meeting of August
13, Mr. Brian Bunting presented his research on Menno Raymer. Through property
title research and by interviewing older area residents, Mr. Bunting proposed
that Menno Raymer’s principal residence was a two storey frame house formerly
located at the corner of Highway 48 and 16th Avenue (relocated in
the 1950s and now 5958 16th Avenue). He did not dispute that Menno
Raymer owned the property at 9404 Highway 48 from 1915 to 1925. Heritage staff suggested that the subject
house and property may have been an income-generating investment for Menno
Raymer or was a house built for his children, and as such is still associated
with this significant Markham-Mount Joy family. Staff also indicated that Mr.
Bunting’s information did not change the rating of the building as a Group 2
Heritage Structure.
Applicant raised several planning issues
Also at the August 13 Heritage Markham
meeting, Mr. Bunting raised the issue of future road widening on Highway 48 and
that the house may have to be either moved or demolished to facilitate a future
road widening. Staff has indicated that
Highway 48 is under Ministry of Transportation jurisdiction, and that any road
widening would be subject to their review.
At this time it is not certain how or when any future road widening
might affect the heritage house. Town
Heritage Section Staff has successfully worked with upper levels of government
in other circumstances to achieve road designs that do not directly impact
heritage buildings.
Other planning issues raised by the
applicant included the sewer easement to service Wismer Commons that is
required to be negotiated through the rear property line of the subject lands,
and the need to integrate access to the commercial strip to the north with this
site by potentially providing a driveway in the approximate location of the
heritage house. The applicant stated
that any requirement to preserve the house may impact the negotiations.
The types of planning issues raised
by Mr. Bunting are generally dealt with at the development application stage,
again reinforcing Heritage Markham’s position that the demolition application
is premature.
Heritage building could be relocated and re-used within the
same property
Heritage staff and Heritage Markham have
indicated to Mr. Bunting that given the planning issues on the site, the
building could potentially be moved within the property holdings to facilitate
its preservation. It was suggested that
the ideal location would be next to the Markham Museum, to provide a buffer
between the museum and any new commercial buildings to the north. There are numerous examples in the Town of
Markham where heritage buildings have successfully been incorporated into new
developments.
DISCUSSION:
The Menno Raymer House is listed on the Markham
Inventory of Heritage Buildings. Town (Heritage Section Staff) have
researched the history and architecture of the building and evaluated it
according to the Town of Markham Heritage Building Evaluation System. The Menno
Raymer House has been ranked as a Group 2 structure. Group 2 structures are classified as buildings of significance
worthy of preservation. The evaluation
and rating system adopted by Council indicates the following:
·
The designation of the building pursuant to the
Ontario Heritage Act will be encouraged.
·
The retention of the structure in its existing
location is encouraged.
·
Any development applications affecting such a
structure should incorporate the identified building.
·
Appropriate alternative uses for the building
will be encouraged when necessary to ensure its preservation.
·
A letter of credit may be required to ensure
the protection and preservation of the building.
The extract containing Heritage Markham’s
recommendations of August 13, 2003, is attached as Appendix ‘A.’ The
Designation Report, which outlines the architectural and historical
significance of the building, is attached as Appendix ‘B.’ A Restoration
Concept is attached as Appendix ‘C.’
A demolition permit has been applied for
It should be noted that since the
road design has not yet been submitted, it may be that future modifications
will not affect the road width in a way that will impact the heritage
building. For this reason it is
premature to speculate on the full impact of the Highway 48 right-of-way.
Notice of Intention to Designate
approved by C.A.O.
Mr. Bunting indicated to staff and
to Heritage Markham that it was his understanding that he had the option of
removing all of the exterior heritage features of the building without penalty
prior to Council passing a notice of “Intention to Designate.” Once a notice of Intention to Designate has
been passed, the property enjoys the protection of the Ontario Heritage Act
regarding alteration and demolition.
Given the potential threat to the building, the C.A.O. approved a notice
of Intention to Designate the property on behalf of Council on August 15,
2003. Council is requested to confirm
this course of action.
FINANCIAL CONSIDERATIONS:
No financial implications at this time.
ENVIRONMENTAL CONSIDERATIONS:
None.
ENGAGE 21ST
CONSIDERATIONS:
According
to the statements regarding “Preserving Our Natural & Built Environment”
contained in the Engage 21st Community Vision, “We are a leader in
preserving environmental and historic areas.
We create plans and policies to support this leadership role.” The protection of significant heritage
buildings through heritage designation is consistent with this vision
statement.
ACCESSIBILITY CONSIDERATIONS:
None.
BUSINESS UNITS CONSULTED AND AFFECTED:
Action required by Clerks Department
Should Council concur with the
recommendation to designate the Menno Raymer House at 9404 Highway 48, the
Clerks Department should be authorized to:
·
publish and serve on the property
owner, the Ontario Heritage Foundation and the public through a newspaper
advertisement, Council’s notice of intention to designate the property as per
the requirements of the Act; and
·
prepare the Designation By-law for
9404 Highway 48.
Action required by Building Department
The applicant is to be advised that the
building permit for the demolition of 9404 Highway 48 has been denied and the
property is recommended for designation under the Ontario Heritage Act.
Legal Services has reviewed this report.
ATTACHMENTS:
Figure 1 – Applicant + Location Map
Appendix ‘A’ -
Heritage Markham Extract
Appendix ‘B’ -
Designation Report, “The Menno Raymer House,” 9404 Highway 48
Appendix ‘C’ -
Restoration Concept
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Val Shuttleworth, M.C.I.P., R.P.P.
Director of Planning & Urban Design
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Jim Baird, M.C.I.P., R.P.P.
Commissioner of Development Services
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FIGURE 1
Filepath: Q:\Development\Heritage\PROPERTY\HWY48\9404\Designation
Report DSC Aug 25 03.doc
OWNER: Ms.
Susan M. Waddington
85
Willow Farm Lane
Aurora,
ON L4G 6K3
AGENT: Mr.
Brian Bunting
905-642-9883
– telephone
LOCATION MAP:
