Hamilton's historic Tivoli Theatre must be demolished before condos get built, developer says

A building that was once among the grandest theatres in Hamilton has deteriorated beyond repair, is full of hazardous substances and must be demolished, says the developer who owns it.

Aventus Developments bought the Tivoli Theatre Auditorium — a designated heritage building — in 2022 with plans to redevelop it.

But after an "exhaustive assessment" by its heritage architect, structural engineer and environmental consultant, they've determined there is no saving the vacant property, Aventus told CBC Hamilton in a statement. 

"The internal structure is fundamentally compromised and demolition is the only viable option," the developer said. 

It's requesting permission to tear down the Tivoli from the city's heritage permit review sub-committee on Tuesday, and has submitted a nearly 200-page report about the conditions. 

The building, first constructed in 1875 as a carriage factory between James Street North and Hughson Street North, was transformed into a theatre in 1908, said the report compiled by +VG Architects on behalf of Aventus. 

The theatre went by several names — the Wonderland, the Colonial and the Princess — until in 1924 it was transformed into a vaudeville and motion pictures theatre known as the Tivoli, the report said. It was the first cinema in Hamilton to show movies with soundtracks. 

"The Tivoli Theatre was greatly admired for its sumptuously decorated 'Italian Renaissance' interior," said a staff report prepared for the subcommittee. 

It was considered one of seven grand theatres in Hamilton with its elliptical ceiling, decorative moulding and frieze, and colonnade with five round arches and bronze statues — two of which remain there today, the staff report said. 

Roof collapsing, asbestos found

The theatre was closed in 1989 and the building bought and sold by several different owners  — the Sniderman family, of Sam the Record Man fame, the Canadian Youth Ballet Ensemble and a family connected to the ballet ensemble who had plans for condos that were never built.

The theatre entrance used to be located on James Street North, but that part was demolished in 2004. In the years following, the city provided over $115,000 to its previous owners to conserve and restore the Tivoli, said spokesperson Lauren Vastano in an email. 

Since Aventus took over, they've found a range of issues that would require extensive rebuilding, the +VG report said, including:

• Deteriorating exterior brick and tile walls.
• Collapsing sections of roof.
• Peeling plaster and paint due to moisture in the walls.
• Damaged floor framing. 
• Hazardous materials like asbestos, lead, mercury and silica in materials used throughout.

The city visited the site last year, noting violations for a cracked north wall and protruding bricks, which were repaired, and a deteriorated awning, which was later removed, said Vastano. A fence was also put up to address safety concerns on the west side of the building. 

The councillor representing the ward, Cameron Kroetsch, said he went on a tour inside the Tivoli on Friday and described it as "completely destroyed" and not in good enough shape to restore. 

The city needs to find a better way to protect buildings from being "demolished by neglect," Kroetsch told CBC Hamilton. 

The structural issues with the Tivoli building could've been avoided had the city purchased or expropriated the property years ago to preserve the heritage landmark, Kroetsch said.

He wants council and the city to start intervening sooner to protect heritage sites and avoid similar situations. 

"If there's a significant heritage landmark in the city, we ought to make sure whenever that land comes up for sale, we get involved immediately, do our best to purchase the land and make sure it's sold to someone who protects that heritage building or if there's going to be an adaptive reuse," Kroetsch said.

Instead, a previous term of council went against staff's advice in 2015 and changed the property's zoning to allow for a high-density building, which has fuelled land speculation, Kroetsch said.

Aventus said if it's allowed to demolish the Tivoli, it will submit a final plan to the city early next year. 

"Aventus is committed to preserving the legacy of the site through interpretive elements integrated into the forthcoming development," its statement said. 

It's proposing two modern condo towers, up to 35 storeys, with a glass "skybridge" connecting them, as well as an event space offering a view of Hamilton, the report said.

"Through its design, it ensures that the spirit of the Tivoli Theatre continues to inspire and unite the community for generations to come," said the report.