Tivoli Theatre owner told to 'stop the deterioration right now' as subcommittee rejects demolition plan

The former Tivoli Theatre is in "terrible" condition and will be expensive to restore, but that doesn't mean it should be demolished, says a panel of heritage advocates. 

Members of Hamilton's heritage permit review subcommittee voted against a developer's request to tear down the long-vacant designated heritage building to make way for condos and an event space.

Aventus Developments, which bought the property in 2022, provided the subcommittee with a 200-page report detailing its "fundamentally compromised" structure, including a collapsing roof, water damage and presence of hazardous materials. It also hasn't been heated in decades.

Former Hamilton councillor Lloyd Ferguson spoke at a subcommittee meeting Monday on behalf of Aventus. 

"It's pretty clear it's not salvageable," he said. 

The roof is in such unstable condition that an engineer, hired by the developer, had advised that nobody should go up there or they would fall through, Ferguson said. 

It would be better to demolish the building now and avoid it collapsing like what happened to two buildings near Gore Park earlier this week, said Ferguson.

But Graham Carroll, vice chair of the subcommittee, said that with enough effort and money, the Tivoli can be "fixed." 

"It touches my heartstrings, this particular theatre," Carroll said. 

"Get a roof back on it, get some heat in it, and stop the deterioration right now." 

A pattern of neglect, says member

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. It began showing motion pictures in 1924 and became known as the Tivoli. 

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 statues. 

The theatre was eventually closed in 1989 and passed through several different owners.

How the building has been allowed to deteriorate over the years is part of a trend that seems particularly bad in Hamilton, said subcommittee member Carol Priamo. 

"It's just, too often people who have designated heritage buildings delay restoration, even maintenance and all these basic things that keep the building from rotting," she said. 

While Priamo said she couldn't blame the most recent owner Aventus for the "terrible condition" of the Tivoli, the developer would've known about many of the issues when it recently bought it and should be prepared to deal with them.

"I don't believe the case is really sound enough to demolish the building," Priamo said. 

Edward John, who represents Aventus, said the company initially intended to restore the Tivoli as part of a condo development. But when all the issues were "combined collectively" the project appeared no longer feasible economically or structurally. 

Instead, Aventus is now proposing an "iconic" development with two condo towers up to 35 storeys, although the design is still be worked on, said John.

A glass "skybridge" will connect the towers and include an event space offering a view of Hamilton, John said.

Deb Westman, who also spoke on behalf of Aventus, said the public would have access to a main-floor interpretive centre with some materials from the Tivoli, a commemorative feature and photos. 

"The intent of the design as you go through the building ... is to feature the grandeur of the space and appreciate [the Tivoli] in a new way," said Westman. 

The subcommittee's recommendation will be considered by the heritage committee at an upcoming meeting. It will pass its decision on to the planning committee. Council will have the final say.