Item - 2022.PB37.5

The Toronto Preservation Board:

1.  Received the Heritage Evaluation for 1233 Yonge Street, contained within the report (July 14, 2022) from the Senior Manager, Heritage Planning, Urban Design, City Planning Division, for information.

Tamara Anson-Cartwright, Manager, Heritage Preservation, Urban Design, City Planning gave a presentation on Cultural Heritage Evaluation - 1233 Yonge Street.

This report recommends receipt of the heritage evaluation for the property at 1233 Yonge Street. City staff have concluded that although the property is listed on the City of Toronto's Heritage Register it has insufficient design value, contextual value or associative value to merit designation under Part IV Section 29 of the Ontario Heritage Act.

The property at 1233 Yonge Street is located on the southeast corner of the intersection of Yonge Street and Woodlawn Avenue East, in the Yonge-St. Clair area. A three-storey mid-20th century apartment building containing 40 rental units, the Aeneas Court Apartments is a U-shaped plan with a central courtyard entered from Yonge Street. The apartment building was designed by architect Ernest Aubrey Butler (1886-1961) in a Modern Classical style for the property owner Hugh Walker, and was completed by May 1940 when the building was partially occupied.   

On July 25, 2006, City Council included the property at 1233 Yonge Street (Aeneas Court Apartments) on the City of Toronto Inventory of Heritage Properties. On June 23, 2006, the Toronto Preservation Board had considered a staff report recommending designation under Part IV of the Ontario Heritage Act but recommended to the Toronto and East York Community Council that City Council only include the property at 1233 Yonge Street (Aeneas Court Apartments) on the City of Toronto Inventory of Heritage Properties. The Board received staff recommendation (2) to designate the property.

Subsequent to the City Council decision to list the property, the City enacted a designation by-law in error in November 2007. On January 30, 2008, By-law 2008-0072 repealed By-law 2007-1229 on the basis that City Council had only granted authority for the listing of the property on the City's Inventory of Heritage Properties and not for the designation. Redevelopment of the property was under consideration at that time but no planning applications have been considered by Council in the intervening years since the Council listing.

On December 30, 2021 the City Clerk issued a complete application notice for an Official Plan Amendment, Zoning By-law Amendment, and Rental Housing Demolition application that would demolish the existing structures at 1233 Yonge Street, including 40 rental dwelling units and 9 Woodlawn Avenue East to allow for the construction of a 13­ storey (45.5-metre excluding the mechanical penthouse) mixed-use building, containing 110 dwelling units (including 40 replacement rental units) with 600 square metres of grade-related retail space.

In June 2019, the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Schedule 11 of this Act included amendments to the Ontario Heritage Act. The Bill 108 Amendments to the Ontario Heritage Act came into force on July 1, 2021. Section 29(1.2) of the Ontario Heritage Act now restricts City Council's ability to give notice of its intention to designate a property under the Act to within 90 days after the City Clerk gives notice of a complete application for certain planning applications. The 90 day limitation can be extended to a mutually agreed upon date between the property owner and City Council. A waiver from the owner was received by the City with a deadline of August 31, 2022. City Council has until that date to issue a Notice of Intention to Designate.

A Heritage Impact Assessment is required for all development applications that affect listed properties and an HIA was prepared by ERA Architects on December 7, 2021 in support of the application. On March 9, 2022, EVOQ Architecture was retained by City Planning to provide a peer review of the submission. After conducting supplemental research, Dima Cook, OAA and Principal EVOQ Architecture issued a letter on June 28, 2022 to the Senior Manager, Heritage Planning stating general agreement with the conclusion of the Heritage Impact Assessment that the subject property does not meet the criteria of design, associative, and contextual values for designation under Part IV Section 29 of the Ontario Heritage Act. Staff concur with the conclusions of the peer review.

This report summarizes the research and evaluation that has been undertaken to inform staff recommendation.