Item - 2024.TE14.16

Tracking Status

TE14.16 - 135 Roxborough Drive - Alterations to a Designated Heritage Property in the North Rosedale Heritage Conservation District

Decision Type:
ACTION
Status:
Amended
Ward:
11 - University - Rosedale

City Council Decision

City Council on June 26 and 27, 2024, adopted the following:

 

1. City Council refuse the alterations to the designated heritage property at 135 Roxborough Drive, in accordance with Section 42 of the Ontario Heritage Act, for alterations including the painting of the masonry on the sides of the two-storey house as outlined in the letter by Goodmans LLP dated February 23, 2024, attached as Attachment 1 to Motion 2a by Councillor Dianne Saxe. 

 

2. If the owner appeals City Council’s decision to refuse the application to alter the heritage property at 135 Roxborough Drive under Section 42 of the Ontario Heritage Act, City Council direct the City Solicitor and the appropriate City staff to attend the Ontario Land Tribunal hearing to oppose the appeal.

 

3. City Council direct that Confidential Attachment 1 to the supplementary report (June 21, 2024) from the City Solicitor remain confidential, as it pertains to potential litigation and contains advice or communications that are subject to solicitor-client privilege.

 

Confidential Attachment 1 to the supplementary report (June 21, 2024) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation that affects the City of Toronto and contains advice or communications that are subject to solicitor-client privilege. 

Background Information (Community Council)

(April 18, 2024) Report and Attachments 1-2 from the Acting Senior Manager, Heritage Planning, Urban Design, City Planning on 135 Roxborough Drive - Alterations to a Designated Heritage Property in the North Rosedale Heritage Conservation District
https://www.toronto.ca/legdocs/mmis/2024/te/bgrd/backgroundfile-245392.pdf

Background Information (City Council)

(June 21, 2024) Supplementary report from the City Solicitor on 135 Roxborough Drive - Alterations to a Designated Heritage Property in the North Rosedale Heritage Conservation District - Supplementary Report (TE14.16b)
https://www.toronto.ca/legdocs/mmis/2024/cc/bgrd/backgroundfile-247116.pdf
Confidential Attachment 1 - Confidential Information
Attachment to Motion 2a by Councillor Dianne Saxe
https://www.toronto.ca/legdocs/mmis/2024/cc/bgrd/backgroundfile-247308.pdf
Attachment to Motion 1 by Councillor Brad Bradford
https://www.toronto.ca/legdocs/mmis/2024/cc/bgrd/backgroundfile-247309.pdf

Communications (Community Council)

(June 10, 2024) E-mail from Rodney Gill (TE.Main)
https://www.toronto.ca/legdocs/mmis/2024/te/comm/communicationfile-180596.pdf

Communications (City Council)

(June 21, 2024) Letter from Diana Olusanmi (CC.Supp)
(June 21, 2024) E-mail from Melanie Shishler (CC.Supp)
(June 21, 2024) Letter from Bill and Joan Perdue (CC.Supp)
(June 21, 2024) Letter from Romy Hewitt (CC.Supp)
(June 22, 2024) Letter from Nora Smith (CC.Supp)
(June 22, 2024) E-mail from Michael Rodger (CC.Supp)
(June 22, 2024) Letter from Joan Law (CC.Supp)
(June 23, 2024) E-mail from Sue Howe (CC.Supp)
(June 23, 2024) Letter from Lynne Woollcombe (CC.Supp)
(June 23, 2024) E-mail from Ronald J McCloskey (CC.Supp)
(June 23, 2024) E-mail from Milla and Frank Liska (CC.Supp)
(June 23, 2024) E-mail from Meegan Hinds (CC.Supp)
(June 23, 2024) Letter from Catherine Orion (CC.Supp)
(June 23, 2024) E-mail from James Sloan (CC.Supp)
(June 23, 2024) E-mail from Donald Neal (CC.Supp)
(June 23, 2024) E-mail from Catherine Morton (CC.Supp)
(June 23, 2024) Letter from Tom Connell (CC.Supp)
(June 24, 2024) E-mail from Katherine MacMillan (CC.Supp)
(June 24, 2024) Submission from Alex Jenkins, Melanie Shishler and Faryl Hausman, North Rosedale Heritage Committee (CC.Supp)
https://www.toronto.ca/legdocs/mmis/2024/cc/comm/communicationfile-181126.pdf
(June 24, 2024) E-mail from James Bray (CC.Supp)
(June 24, 2024) E-mail from Elaine Kierans (CC.Supp)
(June 24, 2024) Submission from Katherine MacMillan (CC.Supp)
(June 24, 2024) E-mail from Normunds Mierins (CC.Supp)
(June 24, 2024) E-mail from Fran Bennett (CC.Supp)
(June 24, 2024) Letter from Graham Warren (CC.Supp)
(June 24, 2024) E-mail from Alix Stephenson (CC.Supp)
(June 24, 2024) Letter from Deb Crawford, Chair, Architectural Conservancy Ontario (CC.Supp)
https://www.toronto.ca/legdocs/mmis/2024/cc/comm/communicationfile-181150.pdf
(June 24, 2024) E-mail from Jane Shapiro (CC.Supp)
(June 25, 2024) E-mail from Volker Steininger (CC.Supp)
(June 25, 2024) E-mail from Kathy Falconi (CC.New)
(June 25, 2024) E-mail from Gayane Mangassarian (CC.New)
(June 25, 2024) E-mail from Sara D'Elia (CC.New)
(June 25, 2024) Letter from Geoff Kettel, Co-chair, FoNTRA (CC.New)
https://www.toronto.ca/legdocs/mmis/2024/cc/comm/communicationfile-181163.pdf
(June 25, 2024) E-mail from James Morton (CC.New)
(June 25, 2024) E-mail from Margaret D'Elia (CC.New)
(June 25, 2024) E-mail from Domenic D'Elia (CC.New)
(June 25, 2024) E-mail from Catherine Morton (CC.New)
(June 25, 2024) Letter from Monica Kuhn, on behalf of the Cabbagetown Heritage Conservation District (CC.New)
https://www.toronto.ca/legdocs/mmis/2024/cc/comm/communicationfile-181190.pdf
(June 26, 2024) E-mail from Hosen MarJaee (CC.New)

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Brad Bradford (Lost)

That:

 

1. City Council approve the alterations to the designated heritage property at 135 Roxborough Drive, for alterations including the painting of the masonry on the sides of the two-storey house as outlined in the letter by Goodmans LLP dated February 23, 2024. 

Vote (Amend Item) Jun-27-2024 8:31 PM

Result: Lost Majority Required - TE14.16 - Bradford - motion 1
Total members that voted Yes: 7 Members that voted Yes are Brad Bradford, Jon Burnside, Vincent Crisanti, Nick Mantas, Jennifer McKelvie, Frances Nunziata (Chair), Anthony Perruzza
Total members that voted No: 13 Members that voted No are Alejandra Bravo, Shelley Carroll, Lily Cheng, Olivia Chow, Mike Colle, Paula Fletcher, Stephen Holyday, Josh Matlow, Chris Moise, Amber Morley, Jamaal Myers, Gord Perks, Dianne Saxe
Total members that were Absent: 5 Members that were absent are Paul Ainslie, Parthi Kandavel, Ausma Malik, James Pasternak, Michael Thompson

2a - Motion to Amend Item moved by Councillor Dianne Saxe (Carried)

That City Council adopt the recommendations in the report (April 18, 2024) from the Acting Senior Manager, Heritage Planning, Urban Design, City Planning:

 

1. City Council refuse the alterations to the designated heritage property at 135 Roxborough Drive, in accordance with Section 42 of the Ontario Heritage Act, for alterations including the painting of the masonry on the sides of the two-storey house as outlined in the letter by Goodmans LLP dated February 23, 2024. 

 

2. If the owner appeals City Council’s decision to refuse the application to alter the heritage property at 135 Roxborough Drive under Section 42 of the Ontario Heritage Act, City Council direct the City Solicitor and the appropriate City staff to attend the Ontario Land Tribunal hearing to oppose the appeal.

Vote (Amend Item) Jun-27-2024 8:32 PM

Result: Carried Majority Required - TE14.16 - Saxe - motion 2a
Total members that voted Yes: 16 Members that voted Yes are Brad Bradford, Alejandra Bravo, Shelley Carroll, Lily Cheng, Olivia Chow, Mike Colle, Paula Fletcher, Stephen Holyday, Nick Mantas, Josh Matlow, Chris Moise, Amber Morley, Jamaal Myers, Gord Perks, Anthony Perruzza, Dianne Saxe
Total members that voted No: 4 Members that voted No are Jon Burnside, Vincent Crisanti, Jennifer McKelvie, Frances Nunziata (Chair)
Total members that were Absent: 5 Members that were absent are Paul Ainslie, Parthi Kandavel, Ausma Malik, James Pasternak, Michael Thompson

2b - Motion to Amend Item moved by Councillor Dianne Saxe (Carried)

That City Council adopt the following recommendations in the supplementary report (June 21, 2024) from the City Solicitor [TE14.16b]:

 

1. City Council receive the confidential information and advice contained Confidential Attachment 1 to this report from the City Solicitor for information. 

 

2. City Council direct that all information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential, as it is about potential litigation and contains advice or communications that are subject to solicitor-client privilege. 

16a - 135 Roxborough Drive - Alterations to a Designated Heritage Property in the North Rosedale Heritage Conservation District

Background Information (Community Council)
(May 7, 2024) Letter from the Toronto Preservation Board on 135 Roxborough Drive - Alterations to a Designated Heritage Property in the North Rosedale Heritage Conservation District
https://www.toronto.ca/legdocs/mmis/2024/te/bgrd/backgroundfile-245879.pdf
Communications (Community Council)
(June 10, 2024) E-mail from Jane Shapiro (TE.Supp)
(June 10, 2024) E-mail from Faryl Hausman (TE.Supp)

TE14.16 - 135 Roxborough Drive - Alterations to a Designated Heritage Property in the North Rosedale Heritage Conservation District

Decision Type:
ACTION
Status:
Without Recs
Ward:
11 - University - Rosedale

Community Council Recommendations

The Toronto and East York Community Council forwards the Item to City Council without recommendation.

Decision Advice and Other Information

The Toronto and East York Community Council directed the City Solicitor to report directly to the June 26, 27 and 28, 2024 meeting of City Council on what steps the City can take to correct the building permit to remove the incorrect permission, given without delegated authority, to paint the front of 135 Roxborough Drive East.

Origin

(April 18, 2024) Report from the Acting Senior Manager, Heritage Planning, Urban Design, City Planning

Summary

This report recommends that City Council refuse the alterations to the designated heritage property at 135 Roxborough Drive under Section 42 of the Ontario Heritage Act.

 

This is a C-rated property located in the North Rosedale Heritage Conservation District (HCD). The applicant is requesting approval for the painting of the masonry on the east and west facades of the two-storey house. These alterations do not comply with the policies in the North Rosedale HCD Plan or the Parks Canada Standards and Guidelines for the Conservation of Historic Places in Canada (the official document guiding planning and conservation of heritage properties in the City of Toronto). As such staff are recommending that this application is refused.

Background Information

(April 18, 2024) Report and Attachments 1-2 from the Acting Senior Manager, Heritage Planning, Urban Design, City Planning on 135 Roxborough Drive - Alterations to a Designated Heritage Property in the North Rosedale Heritage Conservation District
https://www.toronto.ca/legdocs/mmis/2024/te/bgrd/backgroundfile-245392.pdf

Communications

(June 10, 2024) E-mail from Rodney Gill (TE.Main)
https://www.toronto.ca/legdocs/mmis/2024/te/comm/communicationfile-180596.pdf

Speakers

Faryl Hausman, Heritage Committee, North Rosedale Residentsí Association
Rodney Gill, Goodmans LLP

Motions

1 - Motion to forward item Without Recommendations moved by Councillor Brad Bradford (Carried)

REVISED

 

That:

 

1. The Toronto and East York Community Council forward the item to City Council without recommendation.

 

2.  The Toronto and East York Community Council direct the City Solicitor to report directly to the June 26, 27 and 28, 2024 meeting of City Council on what steps the City can take to correct the building permit to remove the incorrect permission, given without delegated authority, to paint the front of 135 Roxborough Drive East.

Vote (Without Recommendations) Jun-11-2024

Result: Carried Majority Required - TE14.16 - Bradford - revised motion 1
Total members that voted Yes: 5 Members that voted Yes are Brad Bradford, Alejandra Bravo, Josh Matlow, Chris Moise (Chair), Gord Perks
Total members that voted No: 1 Members that voted No are Dianne Saxe
Total members that were Absent: 2 Members that were absent are Paula Fletcher, Ausma Malik

2 - Motion to Amend Item (Additional) moved by Councillor Dianne Saxe (Redundant)

That City Council direct the City Solicitor to advise what steps the City can take to correct the building permit to remove the incorrect permission, given without delegated authority, to paint the front of 135 Roxborough Drive East.

16a - 135 Roxborough Drive - Alterations to a Designated Heritage Property in the North Rosedale Heritage Conservation District

Origin
(May 7, 2024) Letter from the Toronto Preservation Board
Summary

At its meeting on May 7, 2024 the Toronto Preservation Board considered Item PB18.3 and made recommendations to City Council.

 

 

Summary from the report (April 18, 2024) from the Acting Senior Manager, Heritage Planning, Urban Design, City Planning:

 

This report recommends that City Council refuse the alterations to the designated heritage property at 135 Roxborough Drive under Section 42 of the Ontario Heritage Act.

 

The is a C-rated property located in the North Rosedale Heritage Conservation District (HCD). The applicant is requesting approval for the painting of the masonry on the east and west facades of the two-storey house. These alterations do not comply with the policies in the North Rosedale Heritage Conservation District Plan or the Parks Canada Standards and Guidelines for the Conservation of Historic Places in Canada (the official document guiding planning and conservation of heritage properties in the City of Toronto). As such staff are recommending that this application is refused.

Background Information
(May 7, 2024) Letter from the Toronto Preservation Board on 135 Roxborough Drive - Alterations to a Designated Heritage Property in the North Rosedale Heritage Conservation District
https://www.toronto.ca/legdocs/mmis/2024/te/bgrd/backgroundfile-245879.pdf
Communications
(June 10, 2024) E-mail from Jane Shapiro (TE.Supp)
(June 10, 2024) E-mail from Faryl Hausman (TE.Supp)
Source: Toronto City Clerk at www.toronto.ca/council