Item - 2024.PH11.14

The Planning and Housing Committee recommends that:

1. City Council refuse the application to repeal By-law 606-2018, regarding the property municipally known as 64 Woodlawn Avenue West, under Section 32 of the Ontario Heritage Act.

2. City Council state its intention to amend By-law 606-2018, which designates the property at 64 Woodlawn Avenue West under Part IV, Section 29 of the Ontario Heritage Act, pursuant to Section 30.1 of the Ontario Heritage Act substantially in accordance with Attachment 3 to the report (March 15, 2024) from the Interim Chief Planner and Executive Director, City Planning.

3. If there are no objections to the proposed amendment to By-law 606-2018, City Council authorize the City Solicitor to introduce the Bill in Council amending By-law 606-2018 under Part IV, Section 30.1 of the Ontario Heritage Act. 

The designated property at 64 Woodlawn Avenue West contains a 2½-storey detached house form building that is located on the north side of the street, west of Yonge Street, east of Avenue Road, and south of St Clair Avenue West. Constructed in 1906, the dwelling on the subject property was designed by the notable Toronto architect, Eden Smith, for Robert Stapleton Pitt Caldecott and his wife, Emma Arnold Caldecott, in a subdivision of the former “Woodlawn” estate.

On March 26 and 27, 2018, City Council adopted item MM38.28 – 64 Woodlawn Avenue West- Intention to Designate Under Part IV, Section 29 of the Ontario Heritage Act (OHA). No notice of objection to the designation was served on the Clerk within the 30-day objection period. The City of Toronto passed Designating By-law 606-2018 on May 24, 2018.

The City Clerk received a Notice of the Application to Repeal a Designating By-law at 64 Woodlawn Avenue West under Section 32 of the OHA from the property owner on January 25, 2024. The applicant is of the opinion that the property at 64 Woodlawn Avenue West does not merit designation under Part IV, Section 29 of the OHA. 

The OHA requires that notice of an objection to the Application to Repeal the Designating By-law may be served on the City Clerk within 30 days of January 25, 2024, which was February 26, 2024. The City Clerk did not receive any objections during this period. City Council shall consider an application within 90 days after the end of the 30-day period, which is May 26, 2024. 

As a result of the recent changes to Ontario Regulation 9/06, a property may be designated under Part IV, Section 29 of the OHA, if it meets 2 or more of the 9 criteria.

Staff have reviewed the Repeal Application and remain of the opinion that the property at 64 Woodlawn Avenue West has cultural heritage value and meets 4 of the Ontario Regulation 9/06 criteria prescribed for municipal designation under Part IV, Section 29 of the OHA.

As such, the property should continue to be designated, however, staff are recommending that the designating By-law be amended to address specific matters identified by the owner/applicant in their Repeal Application and as described below in this report. The amendments to By-law 606-2018 are appended to this report as Attachment 3. A redline to Schedule A to By-law 606-2018, as proposed to be amended by Attachment 3, is appended in this Report as Attachment 4.

At its meeting on March 28, 2024 the Toronto Preservation Board considered Item PB16.11 and made recommendations to City Council.

Summary from the report (March 12, 2024) from the Acting Senior Manager, Heritage Planning, Urban Design, City Planning:

The designated property at 64 Woodlawn Avenue West contains a 2½-storey detached house form building that is located on the north side of the street, west of Yonge Street, east of Avenue Road, and south of St Clair Avenue West. Constructed in 1906, the dwelling on the subject property was designed by the notable Toronto architect, Eden Smith, for Robert Stapleton Pitt Caldecott and his wife, Emma Arnold Caldecott, in a subdivision of the former “Woodlawn” estate.

On March 26 and 27, 2018, City Council adopted item MM38.28 – 64 Woodlawn Avenue West- Intention to Designate Under Part IV, Section 29 of the Ontario Heritage Act. No notice of objection to the designation was served on the Clerk within the 30-day objection period. The City of Toronto passed Designating By-law 606-2018 on May 24, 2018.

The City Clerk received a Notice of the Application to Repeal a Designating By-law at 64 Woodlawn Avenue West under Section 32 of the Ontario Heritage Act from the property owner on January 25, 2024. The applicant is of the opinion that the property at 64 Woodlawn Avenue West does not merit designation under Part IV, Section 29 of the Ontario Heritage Act. 

The Ontario Heritage Act requires that notice of an objection to the Application to Repeal the Designating By-law may be served on the City Clerk within 30 days of January 25, 2024, which was February 26, 2024. The City Clerk did not receive any objections during this period. City Council shall consider an application within 90 days after the end of the 30-day period, which is May 26, 2024. 

As a result of the recent changes to Ontario Regulation 9/06, a property may be designated under Part IV, Section 29 of the Ontario Heritage Act, if it meets 2 or more of the 9 criteria.

Staff have reviewed the Repeal Application and remain of the opinion that the property at 64 Woodlawn Avenue West has cultural heritage value and meets 4 of the Ontario Regulation 9/06 criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act.

As such, the property should continue to be designated, however, staff are recommending that the designating By-law be amended to address specific matters identified by the owner / applicant in their Repeal Application and as described below in this report. The amendments to By-law 606-2018 are appended to this report as Attachment 3. A redline to Schedule A to By-law 606-2018, as proposed to be amended by Attachment 3, is appended in this Report as Attachment 4.