IN THE MATTER OF THE ONTARIO HERITAGE
ACT
R.S.O. 1990, CHAPTER O.18 AND
CITY OF TORONTO, PROVINCE OF ONTARIO
NOTICE OF DECISION
The
decision of City Council, among other matters, regarding the application under
the Ontario Heritage Act is as follows:
1. City Council approve the application to alter
the designated heritage property at 170 Merton Street, with conditions, under
Part IV, Section 33 of the Ontario Heritage Act to allow for the construction
of a mixed use development with such alterations substantially in accordance
with the plans and drawings dated October 7, 2025 prepared by Turner Fleischer
and on file with the Senior Manager, Heritage Planning and the Heritage Impact
Assessment prepared by ERA Architects Inc., dated March 7, 2025, revised
September 5, 2025, and on file with the Senior Manager, Heritage Planning, all
subject to and in accordance with the Conservation Plan satisfactory to the
Senior Manager, Heritage Planning, and subject to the conditions as set out
below.
a. That the related site-specific Official Plan Amendment and Zoning
By-law Amendment bringing about the proposed alterations have been enacted by
City Council and have come into full force and effect in a form and with
content acceptable to City Council, as determined by the Chief Planner and
Executive Director, City Planning, in consultation with the Senior Manager,
Heritage Planning.
b. That the owner shall:
1. Enter into a Heritage Easement Agreement with the City for the
property at 170 Merton Street, substantially in accordance with the plans and
drawings dated October 7, 2025, prepared by Turner Fleischer and on file with
the Senior Manager, Heritage Planning and the Heritage Impact Assessment
prepared by ERA Architects Inc., dated March 7, 2025, revised September 5,
2025, all on file with the Senior Manager, Heritage Planning, subject to and in
accordance with the Conservation Plan required in Recommendation 1.b.2, to the
satisfaction of the Senior Manager, Heritage Planning, including execution and
registration of such agreement to the satisfaction of the City Solicitor.
2. Provide a detailed Conservation Plan, prepared by a qualified
heritage consultant that is substantially in accordance with the conservation
strategy set out in the Heritage Impact Assessment for the property at 170
Merton Street to the satisfaction of the Senior Manager, Heritage Planning.
c. That prior to the issuance of any permit for all or any part of the
property at 170 Merton Street, including a heritage permit or a building
permit, but excluding permits for repairs and maintenance and usual and minor
works for the existing heritage building as are acceptable to the Senior
Manager, Heritage Planning, the owner shall:
1. Have entered into a Heritage Easement Agreement with the City
required in Recommendation 1.b.1 for the property at 170 Merton Street,
including registration on title of such agreement, to the satisfaction of the
City Solicitor.
2. Have obtained final approval for the necessary Official Plan
Amendment and Zoning By-law Amendments, and such Amendments to have come into
full force and effect.
3. Provide a Heritage Lighting Plan that describes how the exterior of
the heritage property will be sensitively illuminated to enhance its heritage
character to the satisfaction of the Senior Manager, Heritage Planning and
thereafter shall implement such a plan to the satisfaction of the Senior
Manager Heritage Planning.
4. Provide an Interpretation Plan for the subject property, to the
satisfaction of the Senior Manager, Heritage Planning and thereafter shall
implement such plan to the satisfaction of the Senior Manager, Heritage
Planning.
5. Provide a detailed Landscape Plan for the subject property,
satisfactory to the Senior Manager, Heritage Planning.
6. Provide building permit drawings, including notes and specifications
for the conservation and protective measures keyed to the approved Conservation
Plan required in Recommendation 1.b.2, including a description of materials and
finishes, to be prepared by the project architect and a qualified heritage
consultant to the satisfaction of the Senior Manager, Heritage Planning.
7. Provide a Letter of Credit, including provision for upwards indexing,
in a form and amount and from a bank satisfactory to the Senior Manager,
Heritage Planning, to secure all work included in the approved Conservation
Plan and Interpretation Plan.
d. prior to the release of the Letter of Credit required in
Recommendation 1.c.7, the owner shall:
1. Provide a letter of substantial completion prepared and signed by a
qualified heritage consultant confirming that the required conservation work
and the required interpretive work has been completed
in accordance with the Conservation and Interpretation Plans and that an
appropriate standard of conservation has been maintained, all to the
satisfaction of the Senior Manager, Heritage Planning.
2. Provide replacement Heritage Easement Agreement photographs to the
satisfaction of the Senior 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 alter the Property may be served on the City
Clerk, Attention: Registrar Secretariat, City Clerk's Office, Toronto City
Hall, 2nd Floor West, 100 Queen Street West, Toronto, Ontario, M5H 2N2.; Email:
RegistrarCCO@toronto.ca within thirty (30) days
of December 22, 2025, which is January 21, 2026.
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 may appeal the decision of Council of the City of Toronto to the
Ontario Land Tribunal under Part IV, Section 33 of the Ontario Heritage Act, and
only where City Council has consented to an application to alter a property
with certain terms or conditions, or refuses the
application to alter 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:
https://secure.toronto.ca/council/agenda-item.do?item=2025.TE27.13.
Dated at the City of Toronto on December 22, 2025.
John D. Elvidge
City Clerk