The Decision Document is for preliminary reference purposes only.  Please refer to the Board’s Minutes for the official record.

Minutes Confirmed – November 26, 2009

The Toronto Preservation Board recommends that:

1.                  City Council include the property at 7 Austin Terrace (John B. Maclean House) on the City of Toronto Inventory of Heritage Properties.

2.                  City Council state its intention to designate the property at 7 Austin Terrace (John B. Maclean House) under Part IV, Section 29 of the Ontario Heritage Act.

3.                  If there are no objections to the designation in accordance with Section 29(6) of the Ontario Heritage Act, the solicitor be authorized to introduce the bills in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

4.                  If there are objections in accordance with Section 29(7) of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Conservation Review Board.

5.                  If the proposed designation is referred to the Conservation Review Board, the City Solicitor and any other necessary Staff be authorized to attend any hearing held by the Conservation Review Board in support of Council’s decision on the proposed designation of the property.

This report recommends that City Council include the property at 7 Austin Terrace (John B. Maclean House) on the City of Toronto Inventory of Heritage Properties and state its intention to designate the property under Part IV, Section 29 of the Ontario Heritage Act.

Staff have determined that the property at 7 Austin Terrace meets Regulation 9/06, the criteria prescribed by the Province of Ontario for municipal designation under Part IV, Section 29 of the Ontario Heritage Act.  If City Council states its intention to designate and ultimately designates the property, the owner would be required to apply to Council for permission to alter and/or demolish it under Part IV, Sections 33 and 34 of the Ontario Heritage Act.

In December 2009, while the property at 7 Austin Terrace was undergoing research and evaluation to determine if it had cultural heritage value or interest, the owners removed architectural elements and trim from the house form building, which is currently vacant.  Because City Council was not scheduled to meet again until January 2010 to consider the heritage status of the site, the City appealed to the Minister of Culture for the Province of Ontario to issue a stop order under Part IV, Section 35(2) of the Ontario Heritage Act.  On December 21, 2009, the Minister issued the order, which remains in effect for 60 days and prohibits further alteration, damage, demolition or removal of any building or structure on the site.

The Toronto and East York Community Council on January 12, 2010, considered a letter (January 11, 2010) from Councillor Joe Mihevc, Ward 21, St. Paul’s respecting the issue of a heritage designation for Maclean House (7 Austin Terrace).  The Community Council requested the Toronto Preservation Board, following its meeting to be held on January 21, 2010, to forward its recommendation(s) regarding the Heritage Designation for 7 Austin Terrace directly to City Council for its meeting on January 26 and 27, 2010, for consideration with Toronto and East York Community Council Item TE30.96.

The Toronto Preservation Board recommends to the Toronto and East York Community Council that:

1.         City Council adopt the Revised Reasons for Designation as set out in Attachment No. 4 of the report (January 8, 2010) from the Director, Policy and Research, City Planning Division.

2.         Upon receipt of the owners’ withdrawal of their notice of objection, the City Solicitor be authorized to introduce a bill in Council with the amended Reasons for Designation as set out in Attachment No. 4 of the report (January 8, 2010) from the Director, Policy and Research, City Planning Division, designating the property under Part IV, Section 29 of the Ontario Heritage Act.

This report recommends that City Council amend the Reasons for Designation for the properties at 414-418 Church Street (Stephen Murphy Houses and Store) as adopted by Council at its meeting of April 25-27, 2006, and that Council pass the by-law designating the properties at 414-418 Church Street under Part IV, Section 29 of the Ontario Heritage Act.

Following its meeting of April 25-27, 2006, City Council served notice of its intention to designate the properties at 414-418 Church Street under Part IV, Section 29 of the Ontario Heritage Act.  On June 29, 2006, the property owners’ representative submitted an objection to the notice of intention to designate and the matter was referred to the Conservation Review Board.  The property owners have agreed to withdraw their objections subject to minor revisions to the original Reasons for Designation (Attachment No. 3) and their replacement by the revised Reasons for Designation (Attachment No. 4).

Heritage Preservation Services is satisfied that the revised Reasons for Designation will ensure that the property’s cultural heritage values and attributes are preserved.

a.         North York Community Preservation Panel

i.          Minutes of the meeting held on October 19, 2009

b.         Etobicoke York Community Preservation Panel

i.          Minutes of the meeting held on December 7, 2009

The Toronto Preservation Board recommends to the Toronto and East York Community Council that:

1.         City Council adopt the revised Reasons for Designation for the properties at 395-405 Huron Street (Campus Co-op) as set out in Attachment No. 4A of the report (October 28, 2009) from the Director, Policy and Research, City Planning Division.

2.         City Council adopt the revised Reasons for Designation for the property at 80 bpNichol Lane (Coach House Books) as set out in Attachment No. 4B of the report (October 28, 2009) from the Director, Policy and Research, City Planning Division.

3.         Upon receipt of the University of Toronto’s withdrawal of its notices of objection to the proposed designations of the properties at 305-405 Huron Street and 80 bpNichol Lane, the City Solicitor be authorized to introduce the bills in Council with the amended Reasons for Designation as set out in Attachments Nos. 4A and 4B, designating the properties under Part IV, Section 29 of the Ontario Heritage Act.

This report recommends that City Council amend the Reasons for Designation for the properties at 395-405 Huron Street (Campus Co-op) as adopted by Council at its meeting of December 12 and 13, 2007, amend the Reasons for Designation for the property at 80 bpNichol Lane (Coach House Books) as adopted by Council at its meeting of May 26 and 27, 2008, and that Council pass the by-laws designating the properties at 395-405 Huron Street and 80 bpNichol Lane under Part IV, Section 29 of the Ontario Heritage Act.

Following its meeting of December 12 and 13, 2007, City Council served notice of its intention to designate the properties at 395-405 Huron Street under Part IV, Section 29 of the Ontario Heritage Act.  On February 15, 2008, the University of Toronto submitted an objection to the notice of intention to designate and the matter was referred to the Conservation Review Board.  In a letter dated July 15, 2008, the university also objected to Council’s notice of intention to designate the adjoining property at 80 bpNichol Lane, which followed the Council meeting of May 26 and 27, 2008 and was referred to the Conservation Review Board.  The University of Toronto has agreed to withdraw its two objections subject to minor revisions to the original Reasons for Designations (Attachments Nos. 3A and 3B) and their replacement by the Revised Reasons for Designation (Attachments Nos. 4A and 4B).

Heritage Preservation Services is satisfied that the revised Reasons for Designation will ensure that the properties’ cultural heritage values and attributes are preserved.