IN THE MATTER OF THE ONTARIO HERITAGE
ACT
R.S.O. 1990, CHAPTER O.18 AND
CITY OF TORONTO, PROVINCE OF ONTARIO
409 HURON STREET
NOTICE OF DECISION
This
notice is being served to the Owner of the Property, the Ontario Heritage Trust
and any Interested Persons.
The
decision of City Council, among other matters, regarding the application under
the Ontario Heritage Act is as follows:
1. City Council approve:
a. The alterations to the designated heritage property at 409 Huron
Street under Section 33 of the Ontario Heritage Act to allow for the
construction of an 11-storey residential building, with such alterations to the
designated heritage property being substantially in accordance with the plans
and drawings prepared by MAR Architect Inc., dated July 17, 2025, and the
Heritage Impact Assessment prepared by ERA Architects
Inc., dated October 28, 2025, on file with the Senior Manager, Heritage
Planning, all subject to and in accordance with an approved Conservation Plan
and drawings satisfactory to the Senior Manager, Heritage Planning and subject
to conditions as set out below.
b. The demolition of heritage attributes of the existing designated
heritage property at 409 Huron Street accordance with Section 34(1) 1 of the
Ontario Heritage Act to allow for the construction of an 11-storey residential
building substantially in accordance with the plans and drawings prepared by
MAR Architect Inc., dated July 17, 2025, and the Heritage Impact Assessment
prepared by ERA Architects Inc., dated October 28, 2025, on file with the
Senior Manager, Heritage Planning, all subject to and in accordance with an
approved Conservation Plan and drawings satisfactory to the Senior Manager,
Heritage Planning and subject to conditions as set out below.
2. City Council direct that its consent to the
application to alter the designated heritage property at 409 Huron Street, in
accordance with Part IV, Section 33 of the Ontario Heritage Act, and its
consent to the demolition of heritage attributes at 409 Huron Street, under
Part IV, Section 34(1) 1 of the Ontario Heritage Act are also subject to the
following conditions:
a. The owner shall provide a detailed Conservation Plan, prepared by a
qualified heritage consultant that is consistent with the conservation strategy
set out in the Heritage Impact Assessment for 409 Huron Street, prepared by ERA
Architects Inc., dated October 28, 2025, to the satisfaction of the Senior
Manager, Heritage Planning.
b. The owner shall enter into a Heritage Easement Agreement with the
City for the property at 409 Huron Street
in accordance with the plans and drawings prepared by MAR Architect
Inc., dated July 17, 2025 and the Heritage Impact Assessment prepared by ERA
Architects Inc., dated October 28, 2025, and on file with the Senior Manager,
Heritage Planning, subject to and in accordance with the Conservation Plan
required in Recommendation 2.a, to the satisfaction of the Senior Manager,
Heritage Planning, including execution of such agreement to the satisfaction of
the City Solicitor.
c. That prior to the issuance of any permit for all or any part of the
property at 409 Huron 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 buildings, 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 2.b. for the property at 409 Huron Street including
registration on title of such agreement, to the satisfaction of the City
Solicitor.
2. Have obtained final approval for the necessary Zoning By-law
Amendment, and such Amendment has come into full force and effect.
3. Provide building permit drawings, including notes and specifications
for the conservation and protective measures keyed to the approved Conservation
Plan required in Recommendation 2.a. 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.
4. Provide a Heritage Lighting Plan that describes how the exterior of
the heritage property will be sensitively illuminated to enhance their heritage
character 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 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.
6. Submit a Landscape Plan for the subject property, 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. That prior to the release of the Letter of Credit required in
Recommendation 2.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 Plan and Interpretation Plan 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 or the application to demolish
or remove a heritage attribute(s) on 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 February 4, 2026, which is March 6, 2026.
A Notice of Appeal of the decision of City Council on the application to
alter the Property under section 33 of the Ontario Heritage Act 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.
A Notice of Appeal of the decision of City Council on the application to
demolish or remove a heritage attribute(s) on the Property under section 34 of
the Ontario Heritage Act 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.
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 34.1 of the Ontario Heritage Act,
and only where City Council has consented to an application to demolish or
remove a heritage attribute(s) with certain terms or conditions or refuses the
application to demolish or remove the heritage attribute(s) of 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=2026.TE28.3.
Dated at the City of Toronto of February 4, 2026.
John D. Elvidge
City Clerk