Item - 2023.PH8.19

The Planning and Housing Committee recommends that:

1. In consideration of the objection pursuant to the Ontario Heritage Act, City Council continue to include the property at 171 Lowther Avenue on the City of Toronto's Heritage Register.

This report responds to a notice of objection received by the City of Toronto under Section 27 (7) of the Ontario Heritage Act (the "OHA") from the property owner of 171 Lowther Avenue objecting to the inclusion of the subject property on the City's Heritage Register.

Located on the south side of Lowther Avenue at the corner of Dalton Road, between Brunswick Avenue to the west and Walmer Road to the east, the property at 171 Lowther Avenue comprises a two-and-a-half-storey Queen Anne Revival style residential building constructed in 1901.

On July 19, 2023, City Council adopted the staff report TE6.32 that included the property at 171 Lowther Avenue on the City's Heritage Register.

Through Bill 108 and Bill 23, amendments were made to the OHA to establish a process whereby owners can object to a property's listing on the Heritage Register and, should they do so, a subsequent decision on the listing must be made by the municipality. Owners can object to listings at any time. Chapter 103 of the Toronto Municipal Code establishes the process for Council consideration of objections to properties included on the Heritage Register.

As a result of these new processes, City Council must be made aware of such objections on a routine basis so that they may consider the matter and render a final decision. Once Council has decided about the objection, the owner of the property must be notified of Council's decision within 90 days. Council's decision on objections to listing is final and is not subject to appeal.

In the third quarter of 2023, the City received one notice from property owners objecting to the inclusion of one property on the Heritage Register.

Following a review of the objection to listing submitted for this property, staff are of the opinion that the property 171 Lowther Avenue holds cultural heritage value. Staff recommend that Council continue to include this property on the Heritage Register.

At its meeting on November 6, 2023 the Toronto Preservation Board considered Item PB11.3 and made recommendations to City Council.

This report responds to a notice of objection received by the City of Toronto under Section 27

(7) of the Ontario Heritage Act (the "OHA") from the property owner of 171 Lowther Avenue objecting to the inclusion of the subject property on the City's Heritage Register.

Located on the south side of Lowther Avenue at the corner of Dalton Road, between Brunswick Avenue to the west and Walmer Road to the east, the property at 171 Lowther Avenue comprises a two-and-a-half-storey Queen Anne Revival style residential building constructed in 1901.

On July 19, 2023, City Council adopted the staff report TE6.32 that included the property at 171 Lowther Avenue on the City's Heritage Register.

Through Bill 108 and Bill 23, amendments were made to the Ontario Heritage Act to establish a process whereby owners can object to a property's listing on the Heritage Register and, should they do so, a subsequent decision on the listing must be made by the municipality.

Owners can object to listings at any time. Chapter 103 of the Toronto Municipal Code establishes the process for Council consideration of objections to properties included on the Heritage Register.

As a result of these new processes, City Council must be made aware of such objections on a routine basis so that they may consider the matter and render a final decision. Once Council has decided about the objection, the owner of the property must be notified of Council's decision within 90 days. Council's decision on objections to listing is final and is not subject to appeal.

In the third quarter of 2023, the City received one notice from property owners objecting to the inclusion of one property on the Heritage Register.

Following a review of the objection to listing submitted for this property, staff are of the opinion that the property 171 Lowther Avenue holds cultural heritage value. Staff recommend that Council continue to include this property on the Heritage Register.