Item - 2021.TE29.10

The Toronto and East York Community Council recommends that:

1.  City Council state its intention to propose an amendment to By-Law 820-2021 dated October 4, 2021 to correct the legal description of the properties in accordance with Section 30.1 of the Ontario Heritage Act. 

2.  City Council provide notice of the proposed amendment to By-Law 820-2021 to the owner(s) of the designated properties at 40-44 Mitchell Avenue in accordance with Sections 30.1(3) and 30.1(4) of the Ontario Heritage Act.

3.  If there are no objections to the proposed amendment in accordance with Section 30.1(6) of the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the necessary bill in Council to amend By-Law 820-2021.

This report recommends that City Council state its intention to propose an amendment to City of Toronto By-law 820-2021, designating the properties at 40-44 Mitchell Avenue as being of cultural heritage value or interest under Part IV, Section 29 of the Ontario Heritage Act to correct the legal description of the properties pursuant to Section 30.1 of the Ontario Heritage Act.

By-Law 820-2021 designates the properties at 40-44 Mitchell Avenue, which contains a pair of single-storey semi-detached house form buildings that were among the 16 pairs of workers' cottages completed in 1858 on the subdivision developed by solicitor and realtor James Lukin Robinson on the former Military Reserve lands east of Garrison Creek that were also known as the Garrison Common.  Schedule B to By-Law 820-2021 includes an incorrect legal description of the property that was brought to City staff's attention.  The proposed amendment to the by-law would correct the legal description of the properties. This amendment will have no impact on the Statement of Significance (Reasons for Designation) in the original report to City Council recommending the property's designation.

At its meeting on November 17, 2021, the Toronto Preservation Board considered Item PB28.6 and made recommendations to City Council. 

Summary from the report (November 1, 2021) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

This report recommends that City Council state its intention to propose an amendment to City of Toronto By-law 820-2021, designating the properties at 40-44 Mitchell Avenue as being of cultural heritage value or interest under Part IV, Section 29 of the Ontario Heritage Act to correct the legal description of the properties pursuant to Section 30.1 of the Ontario Heritage Act.

By-Law 820-2021 designates the properties at 40-44 Mitchell Avenue, which contains a pair of single-storey semi-detached house form buildings that were among the 16 pairs of workers' cottages completed in 1858 on the subdivision developed by solicitor and realtor James Lukin Robinson on the former Military Reserve lands east of Garrison Creek that were also known as the Garrison Common.  Schedule B to By-Law 820-2021 includes an incorrect legal description of the property that was brought to City staff's attention.  The proposed amendment to the bylaw would correct the legal description of the properties. This amendment will have no impact on the Statement of Significance (Reasons for Designation) in the original report to City Council recommending the property's designation.