Aventus Developments says the heritage-designated Tivoli Theatre Auditorium cannot be saved and must be demolished.
In its place, the developer wants to build two tall buildings. In place of the large auditorium, they propose to include “a new commemorative element to be constructed that would incorporate a shared public space of approximately 800 square feet.”
“Aventus Developments proposes that the site be redeveloped with a high-rise structure, which requires the demolition of the auditorium building as there are hazardous materials throughout, and substantial deterioration to its structural integrity,” reads the executive summary of a 193-page report submitted to the City of Hamilton as part of a demolition application by the developer.
Ward 2 Councillor Cameron Kroetsch says it is ‘difficult to accept’ this outcome, but the 193-page report makes clear the building is beyond saving.
“It’s sad to see downtown lose another heritage landmark, especially one as loved as the Tivoli Theatre. This isn’t the outcome I was hoping for, but I understand the conditions that led us here. As the 193 page report noted, the building had not been operational for years and was not maintained with adequate heating and cooling.”
He says “it certainly didn’t help that previous terms of Council allowed this to be rezoned only so their deterioration could be used to generate massive profits.”
“I know, if the City’s Heritage staff could, they’d save this treasure from demolition by neglect.”
Developer Says Demolition is Necessary, Auditorium Cannot Be Saved
The auditorium has been left in varying states of disrepair and neglect for two decades, especially since 2015 when then Ward 2 Councillor Jason Farr pushed a tall building rezoning through Council, despite the planning staff’s recommendation to deny the application by land speculator Diamante Investments.
At the time, the Beasley Neighbourhood Association called for “an enforceable guarantee” that the auditorium would be saved.
No effective measures were put in place to prevent demolition by neglect.
In 2022, the site was sold.
February 2024 Structural Engineering Report and April 2024 Environmental Services Inspection
A 2024 engineering inspection determined partial roof collapse was permitting moisture to enter the auditorium, that “exterior brick and clay tile walls are significantly deteriorating on both the interior and exterior sides,” asbestos-containing materials had decayed and carcinogenic dust was likely present throughout the structure.
The report concludes that the building “should be considered past the point of restoration as the aging walls and roof structure should be replaced.”
“The condition of the asbestos-containing plaster throughout the building is noted to be extremely poor with widespread damage. All building surfaces are recommended to be treated as contaminated with asbestos fibres.”
“Asbestos is also presumed to be present in mechanical, electrical, plumbing and building systems such as fabric connectors on ductwork in the basement, sheathing on electrical wiring, electrical components, cast iron pipe connections, fiberglass insulation and other surfaces throughout the building (contaminated with asbestos fibres from damaged plaster),” states the report.
New Development Proposal: Two Tall Buildings of 32 to 35 Storeys Each
The developer is proposing to request planning permissions to permit two tall buildings, each of a height between 32 and 35 storeys, on the lands. The towers will be connected by an amenity feature approximately two-thirds up their height.
Existing Planning Permissions
The zoning for the Tivoli site is prescriptive. [By-law 05-200, Schedule C, 451 (on Page 251)]
The Tivoli site’s zoning is a site-specific exemption to allow for a 22-storey tall building on the James Street frontage of the property (108 James Street North) as an accessory use to the auditorium in the rear portion (111 Hughson Street North). It prohibits the demolition of the existing single-detached house at 115 Hughson Street North.
The site-specific by-law “transfers” the development permissions from the Hughson Street properties to the James Street tower.
“The residential tower is actually an accessory and incidental use to the auditorium,” stated Hamilton’s Director of Planning and Chief Planner Steve Robichaud, in 2015 when the by-law was being finalized.
“If the auditorium was to disappear, then the tower component would no longer be accessory to anything other than a vacant lot. That would remove those zoning permissions for the residential component. They have to have the auditorium in order to get the accessory residential component.”
Brief Timeline
The auditorium was all that remained of the former Tivoli Theatre.
On June 29, 2004, a portion of the south wall and roof collapsed. The City of Hamilton had to intervene to stabilize the building that fronted onto James Street.
The front three-storey building was demolished later in 2004, costing the City $300,000.
In 2006, the Sniderman family, of Sam the Record Man fame, sold the property to the Hamilton-based Canadian Ballet Youth Ensemble, a charity run by Belma Gurdil-Diamante, for $2.
In 2013, the property was sold to Diamante Investments, a company owned by Belma’s husband, Domenic.
In 2015, the tall building approval was pushed through Council, significantly increasing the property’s land value.
In 2022, Aventus Developments announced they had acquired the site and the neighbouring Centre Point Plaza.
Council Committee to Deliberate on November 12
Hamilton City Council’s Heritage Permit Review Sub-Committee will vote on the demolition request next Tuesday, November 12, during a 5:00 p.m. video meeting.
New Development Application Must Go Through Full Process
Clr Kroetsch noted, “City planners put a condition in place to force the zoning process to start from scratch if the theatre was ever demolished. So, when the theatre goes, the zoning goes with it.”
“That means the process for deciding what will happen after the demolition will be subject to a full public consultation and an approval by Council.”
The City’s October 31, 2024, planning applications status update did not list the application for this site.
Production Details v. 1.1.0 Published: November 5, 2024 Last updated: November 5, 2024 Author: Joey Coleman Update Record v. 1.0.0 original version v. 1.0.1 added more information from the 193 page report. v. 1.0.2 added more from the report, including graphics, and began noting the new tall buildings proposal. v. 1.1.0 added more images from the report, more details on the public use space.
Absolutely embarrassing on the part of the city council rewarding years of owner neglect with the obvious ultimate goal of demolition to build a monstrous tower. Developers know this and are willing to play the waiting game. Heritage properties are a precious finite commodity and developers should be rewarded for restoration and consequentially penalized if they decay and need to be demolished.
The builders should be required to build affordable housing only
Downtown does not need two more tall towers with unaffordable housing that create wind tunnels and block sunlight at the pedestrian level.
The public and the arts community in particular have been conned over and over again by these developers.
I’m very angry that the building has been allowed to deteriorate into the current state.
Surely even now however something can be done to ensure the survival of the building.
Since the inspection report details things about the building such as asbestos which were also present back in 2004. What has changed about a building that opened a hundred years ago?
This is a nightmare at all levels and someone needs to be held accountable for the demolition by neglect.