IN THE MATTER OF THE ONTARIO HERITAGE
ACT
R.S.O. 1990, CHAPTER O.18 AND
CITY OF TORONTO, PROVINCE OF ONTARIO
8 ELM STREET, 348-350 YONGE STREET
AND 352-354 YONGE STREET
NOTICE OF DECISION
The
Decision of Council of the City of
Toronto, among other matters, regarding the application under the
Ontario Heritage Act is as follows:
1. Approve the
request to demolish the heritage building at 348-350 Yonge Street in accordance
with Section 34 of the Ontario Heritage Act and substantially in accordance
with the Revised Conservation Plan for the properties at 8 Elm Street
consisting of three properties at 8 Elm Street, 348-350 Yonge Street and
352-354 Yonge Street prepared by GBCA Architects, dated April 1, 2021, subject
to the following conditions:
a. prior to
issuance of the final Ontario Land Tribunal (formerly Local Planning Appeal
Tribunal) Order in connection with the Zoning By-law Amendment appeal, the
owner shall:
1. provide a
detailed Reconstruction and Commemoration Plan for the property at 348-350
Yonge Street prepared by a qualified heritage consultant that is substantially
in accordance with the strategy set out in the Revised Conservation Plan
prepared by GBCA Architects, dated April 1, 2021, to the satisfaction of the
Senior Manager, Heritage Planning.
2. enter into
and register on the property at 8 Elm Street and 348-350 Yonge Street one or
more agreements with the City pursuant to Section 37 of the Planning Act, all
to the satisfaction of the City Solicitor and the Senior Manager, Heritage
Planning, with such facilities, services and matters to be set forth in the
related site specific Zoning By-law Amendment giving rise to the proposed
demolition and requiring a Letter of Credit to secure all work included in the
approved Reconstruction and Commemoration Plan, including provision for upwards
indexing, in a form and amount satisfactory to the Senior Manager, Heritage
Planning, all to the satisfaction of the Senior Manager, Heritage Planning;
b. prior to issuance
of a demolition permit for all or any part of the property at 8 Elm Street and
348-350 Yonge Street, the owner shall:
1. provide full
documentation of the existing heritage properties at 8 Elm Street and 348-350
Yonge Street, including two (2) printed sets of archival quality 8 inch by 10
inch colour photographs with borders in a glossy or semi-gloss finish and one
(1) digital set on a CD in tiff format keyed to a location map, elevations and
measured drawings, and copies of all existing interior floor plans and original
drawings as may be available, to the satisfaction of the Manager, Heritage
Planning.
c. prior to the
release of the Letter of Credit required in Part 1.a.2. above the owner
shall:
1. provide a letter
of substantial completion prepared and signed by a qualified heritage
consultant confirming that all of the reconstruction and commemoration work has
been completed in accordance with the Reconstruction and Commemoration Plan all
to the satisfaction of the Manager, Heritage Planning.
IF YOU WISH TO APPEAL TO THE ONTARIO LAND TRIBUNAL:
Notice of an appeal of the decision of City
Council on the application to demolish or remove a building and/or structure on
the Property may be served on the City Clerk, Attention: Administrator,
Secretariat, City Clerk's Office, Toronto City Hall, 2nd Floor West, 100 Queen
Street West, Toronto, Ontario, M5H 2N2.; Email: hertpb@toronto.ca within thirty days of September 30, 2021, which is November 1, 2021.
A Notice of Appeal must:
(1) set out the reasons for the objection to the decision;
(2) set out the reasons in support of the objection to the decision; and
(3) be accompanied by the fee prescribed under the Ontario Land Tribunal Act, 2021, in the amount of $1,100 for each appeal payable by certified cheque or money order to the Minister of Finance, Province of Ontario.
If you wish to appeal to the Ontario Land Tribunal
(OLT) or request a fee reduction for an appeal, forms are available from the
Ontario Land Tribunal website at https://olt.gov.on.ca/appeals-process/forms.
Who Can File An Appeal:
Only the owner of the
Property subject of the application under Section 34 of the Ontario Heritage
Act may appeal the decision of Council of the City of Toronto to the Ontario
Land Tribunal under Part IV, Section 34.1 of the Ontario Heritage Act. The
appeal may only be made where City Council has consented to an application to demolish
or remove a building and/or structure on a property with certain terms or
conditions, or refuses the application to demolish or remove the building
and/or structure on a property.
Getting Additional Information:
Further information in respect of the Decision
of Council of the City of
Toronto on the matter is available from the City of
Toronto at:
http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2021.CC35.8
Dated at the City of Toronto on September 30,
2021.
John D. Elvidge
City Clerk