Item - 2024.TE15.18

The Toronto and East York Community Council recommends that:

1. City Council refuse the issuance of a demolition permit for the heritage property at 15 Elm Street, in accordance with Section 34(1)2 of the Ontario Heritage Act.

2. If the owner appeals City Council’s decision to refuse the issuance of a demolition permit under Section 34(1)2 of the Ontario Heritage Act for the heritage property at 15 Elm Street, City Council authorize the City Solicitor and the necessary City staff to attend the Ontario Land Tribunal hearing in opposition to the appeal.

This report recommends that City Council refuse an application under Section 34(1)2 of the Ontario Heritage Act to demolish the heritage building at 15 Elm Street.

On May 10, 2023 City Council stated its intention to designate the subject property under Part IV, Section 29 of the Ontario Heritage Act. At its meeting on July 20, 2023 City Council considered an objection to the designation and affirmed its intention to designate the property at 15 Elm Street and passed Designation By-law 742-2023. The Designation By-law is currently under appeal to the Ontario Land Tribunal.

Located on the south side of Elm Street between Yonge Street and Bay Street, the property at 15 Elm Street contains a 2-storey house-form building completed prior to 1868. The Georgian Revival style property represents a rare surviving example of a

Confederation-era house-form building and is part of a broader collection of 19th century dwellings adapted at street level in the early-20th century to accommodate commercial storefronts. This residential/commercial mixed-use typology continues to define the south side of Elm Street between Yonge and Bay streets within the City's historic St. John's Ward ("The Ward") neighbourhood and represents the uniqueness of Elm Street as a destination for locals and visitors alike.

A heritage permit application under Section 34(1)2 of the Act has been submitted to demolish this building to allow for the construction of a new 30 storey mixed-use building at 15-17 Elm Street. This application is associated with Zoning By-law Amendment application 22 202864 STE 11 OZ and Site Plan application 22 202863 STE11 SA for the properties at 15-17 Elm Street. The Zoning By-law Amendment application is also currently under appeal to the Ontario Land Tribunal. 

Under the Act, if City Council fails to make a decision on the heritage permit application within 90 days of issuing a notice of a complete application, the application is deemed to be permitted under Section 34 of the Ontario Heritage Act. In this case the applicant must be notified of Council's decision by September 15, 2024.

At its meeting on July 4, 2024 the Toronto Preservation Board considered Item PB20.6 and made recommendations to City Council.

This report recommends that City Council refuse an application under Section 34(1)2 of the Ontario Heritage Act to demolish the heritage building at 15 Elm Street.

On May 10, 2023 City Council stated its intention to designate the subject property under Part IV, Section 29 of the Ontario Heritage Act. At its meeting on July 20, 2023 City Council considered an objection to the designation and affirmed its intention to designate the property at 15 Elm Street and passed Designation By-law 742-2023. The Designation By-law is currently under appeal to the Ontario Land Tribunal.

Located on the south side of Elm Street between Yonge Street and Bay Street, the property at 15 Elm Street contains a 2-storey house-form building completed prior to 1868. The Georgian Revival style property represents a rare surviving example of a

Confederation-era house-form building and is part of a broader collection of 19th century dwellings adapted at street level in the early-20th century to accommodate commercial storefronts. This residential/commercial mixed-use typology continues to define the south side of Elm Street between Yonge and Bay streets within the City's historic St. John's Ward ("The Ward") neighbourhood and represents the uniqueness of Elm Street as a destination for locals and visitors alike.

A heritage permit application under Section 34(1)2 of the Act has been submitted to demolish this building to allow for the construction of a new 30 storey mixed-use building at 15-17 Elm Street. This application is associated with Zoning By-law Amendment application 22 202864 STE 11 OZ and Site Plan application 22 202863 STE11 SA for the properties at 15-17 Elm Street. The Zoning By-law Amendment application is also currently under appeal to the Ontario Land Tribunal. 

Under the Act, if City Council fails to make a decision on the heritage permit application within 90 days of issuing a notice of a complete application, the application is deemed to be permitted under Section 34 of the Ontario Heritage Act. In this case the applicant must be notified of Council's decision by September 15, 2024.