Darryl Simmons has been working for more than three years to build an addition at his heritage home in Thornhill, which would include two family-occupied suites for his mother-in-law.
Simmons said his proposal has gone through at least five design revisions, with reductions in floor area and increased setbacks.
After spending approximately $75,000 on design and legal fees, nothing has changed in his backyard.
That's because Markham’s committee of adjustment (COA) rejected the proposal, despite support from the city’s heritage planning staff and the local heritage committee.
"The decision completely dismissed approval by Heritage Markham planning staff, the heritage committee, and significant support from neighbours," Simmons said, expressing frustration with the process.
According to COA’s notice of decision, Simmons’ application requested variances from the zoning bylaw for the property at 86 John St., including:
- A building depth of 31.48 metres (exceeding the 16.8-metre limit)
- A rear yard setback of 14.85 feet (instead of the required 30 feet)
- A floor area ratio of 44.73 per cent (exceeding the bylaw’s 33 per cent limit)
Opponents argued that these variances represented overdevelopment of the site.
Some neighbours raised concerns about privacy, noise and the overall visual impact of the project.
During a November 2024 COA meeting, adjacent property owner Elena Cesaroni said she was worried it would negatively affect the neighbourhood’s character.
Valerie Burke, another resident, stated that while she was not opposed to the proposal, she wanted to see it comply with the zoning bylaw.
“Construction would result in a loss of vegetation, and there should not be a reliance on vegetation to lessen the impacts of loss of privacy or visual massing,” Burke argued.
Simmons, however, said that opposition to his proposal stems less from zoning compliance and more from resistance to rental housing in the neighbourhood.
"I can’t say for certain, but it seems like the fear of 'renters' in the area is carrying more weight than keeping families together and providing housing," Simmons said. "With the subway coming soon, this is more important than ever, especially since my house is only a block or so away from Yonge Street."
COA Chair Gregory Knight acknowledged the heritage committee’s recommendation, but noted that land use considerations must also be weighed.
Member Jeamie Reingold agreed, stating that the issue was not just about numerical lot coverage but also about the visual impact on the surrounding area.
“I understand the need for housing in Ontario and the desire for multi-generational homes,” Reingold said. “But not every home is well suited to meet these needs, and I couldn’t accept this as sufficient justification to accept the proposal without considering the design and size of the proposal.”
Simmons, who has lived in the area for 25 years and received a Markham Heritage Award in 2003, is frustrated that the committee of adjustment disregarded the heritage committee’s endorsement and support from the community, even after he secured a letter of signatures from more than 20 neighbours.
"I was told by the COA that we might consider building elsewhere if we wanted to include family-occupied suites," he said. "It doesn’t make sense that the COA has more authority than Heritage Markham on a heritage-related matter."
The City of Markham clarified that the COA is an independent body authorized under the Planning Act to assess applications for minor variances and land permissions. The Heritage Markham Committee, by contrast, serves only as an advisory body and does not have final approval authority.
In this case, while Heritage Markham recommended approval from a heritage perspective, the COA ultimately ruled that the requested variances were too significant to be considered "minor."
Simmons has since appealed the decision to the Ontario Land Tribunal. Beyond his personal case, he sees a larger issue at play: “Is heritage preservation solely about maintaining architectural character, or is it sometimes used as a tool to resist change and housing diversity?” he asked.
As Markham faces growing housing pressures and transit expansion, Simmons said he believes that how the city balances preservation with development will shape the future of its communities.
Scarlett Liu is a federally funded Local Journalism Initiative reporter at Markham Economist & Sun