BANFF – Two appeals have been lodged against the demolition of a 112-year-old heritage home on Muskrat Street linked to the former historic coal mining town of Bankhead.
Bowstrings Heritage Foundation and long-term residents Geordie Nokes and Julie Sivorn have filed separate appeals against the Town of Banff’s March 10 decision to approve a development permit for the proposed demolition of the Kidney House at 328 Muskrat Street to make way for a four-plex residential development – and want the permit revoked.
The appeals, which are centred on heritage preservation and lack of adequate environmental and public health safeguards, for example, asbestos poisoning from demolition of a century-old home, are due to be heard by the Development Appeal Board on Thursday, April 21.
Administrative officials say a property can only be legally protected if designated a municipal historic resource by the owner or if the Town of Banff buys a property and protects it under municipal bylaw – and neither is the case for the Kidney home.
“Municipal designation is triggered by the property owner and so there is no legal protection for this property,” said Dave Michaels, manager of development services for the Town of Banff during an April 11 council meeting.
“With designation also comes compensation as well and so council are aware they transfer funds to the heritage reserve in order to compensate a property being designated through the Historical Resources Act.”
Councillor Chip Olver said there is always confusion in the community on what authority or action council or the planning and development department can take.
“I guess many people in the community feel frustrated that we aren’t able to arbitrarily say ‘well that home can’t come down’ because we don’t have the power to,” she said.
A March 10 letter by Denise Wheelhouse, manager of Bowstrings Heritage Foundation, also known as Bowstrings Banff, called on council to consider additional actions to preserve threatened heritage properties ahead of completion of the heritage master plan.
Wheelhouse asked the Town of Banff to clarify the purpose of land use districts where demolition is likely and heritage resources can be protected, as well as to clarify implicit understanding in the bylaw that demolitions are allowed only when a new permit for the leaseholds has been approved.
“Third, work with the park superintendent to secure resources for conservation easements on federal leaseholds,” she wrote.
While there are several heritage properties legally protected by municipal designation bylaws in Banff, the Town of Banff is embarking on a long-awaited heritage master plan to come up with a set of new tactics or tools to preserve heritage resources.
A heritage master plan would cover a range of options and could include mechanisms used in other communities such as a density transfer program, a heritage district analysis, other options for financial incentives and bylaw amendments.
“I think the suggestions that the author of that letter has are likely things that are going to be considered in the heritage master plan,” said Coun. Olver in reference to the letter by Wheelhouse to council.
The appeal by Sivorn and Nokes indicates the demolition permit fails to require adequate environmental and public health safeguards.
“In particular, I am concerned about toxic-waste infiltration to our local freshwater supply that may occur when a deteriorated underground tank located on the property is excavated and removed improperly,” said Nokes in the appeal document.
Nokes, who lives six houses away from the Kidney residence, also raised concern about the need for asbestos mitigation given the age of the dwelling.
“It is well known that homes built at around the same time as 328 Muskrat customarily employed asbestos throughout their construction,” he said.
“Asbestos is a known cause of cancer; without proper safeguards, demolition of a structure containing asbestos can expel into the air millions of carcinogenic fibres, which can then endanger all lives in proximity.”
Nokes said it is hoped the DAB can be persuaded to take into account the adverse impact that demolition of a century-old home will have on the character of the historically important neighbourhood.
“Preservation has been a top priority for Parks Canada and Banff is unquestionably one of Parks Canada’s premiere showcases when it comes to connecting the people of this vast land to their rich and inspiring history,” he said.
“It would be a great disservice to Parks Canada’s constituents were 328 Muskrat to vanish, because that homes’s disappearance would represent an irreplaceable loss of social and cultural meaning.”
Nokes said he and many Banff residents are keen to preserve 328 Muskrat Street.
“I believe there are times when it is appropriate to tear down and replace old properties, those too far gone to be renewed; however, in the case of 328 Muskrat, this is not one of those times,” he said.
As for the appeal by Bowstrings Heritage Foundation, the argument is the proposed demolition has specific conditions that need to be revised regarding the environmental screening and environmental requirements mentioned in the general conditions.
Peter Poole, the group’s president, also said the Town of Banff Incorporation Agreement links the Banff National Park Management Plan to the planning purposes of the municipality.
“In implementing its core mandate that integrates heritage resource conservation, visitor experience and public appreciation and understanding, the Parks Canada Agency gives first priority to maintenance and restoration of ecological integrity,” he said in his appeal documents.
Hardy Schmidtke, owner of the Kidney House, said the demolition of the home is to make way for a four-plex residential development, which is a permitted use under the land use bylaw in that land use district.
"We purchased with the sole intent to develop into rental units because we do understand there's a housing crisis and a need," he said.
Schmidtke said the existing home could not be incorporated into the redevelopment plans. "The house, in my estimation, is beyond repair," he said.
Schmidtke said he believes the environmental and public health concerns of the appellants are addressed, noting it has gone through a stringent process and overseen by a team of specialists to the satisfaction of the Town of Banff and Parks Canada.
"I believe their concerns can be put to rest," he said.
If the demolition of the house goes ahead, Schmidtke said the intention is to submit a development permit application for the four-plex "as soon as possible."
"The housing crisis is now," he said.
The large Victorian-style Kidney house, built around 1910, was once located in the nearby coal mining town of Bankhead at the base of Cascade Mountain and was later moved to Banff. After the mine’s closure in 1922, houses were sold for $50 a room and moved to Banff, Canmore and Calgary.
This three-storey building is one of six larger Bankhead homes originally constructed in 1910 by the Canadian Pacific Railway. It was moved 10 kilometres in 1927 from Bankhead to its current location on a large lot on the corner of Muskrat and Wolf streets.
The residence is named after Maude and Forrest Kidney, the first Banff residents of the home. The Kidneys were community figures who owned several local businesses and ran a bed and breakfast called for a number of years as tourist accommodation.
The Banff Heritage Corporation has opposed the demolition of the Kidney home, which is also part of the tourist town’s heritage walking tour.
