Item - 2011.TE4.4

The Toronto and East York Community Council recommends that:

1.         City Council refuse the application for demolition of the designated property under Section 34 of the Ontario Heritage Act for the property at 7 Austin Terrace (John B. Maclean House).

2.         If the owner appeals City Council's decision to refuse the application for demolition under Section 34 of the Ontario Heritage Act, City Council authorize the City Solicitor and the necessary City staff to attend at the Ontario Municipal Board hearing in opposition to the appeal.

This report recommends that City Council refuse the proposed demolition of the designated heritage property at 7 Austin Terrace.  An application to demolish a designated structure on the designated property at 7 Austin Terrace (John B. Maclean House) has been submitted in addition to applications for minor variances, residential rental demolition and residential demolition.

City Council has stated its intention to designate this property under Part IV of the Ontario Heritage Act (OHA) in recognition of its cultural heritage value.

Under Section 34 of the OHA, Council must respond to a demolition application within 90 days from the issuance of a receipt of complete application.  As of the date of this report, the application has not met all the application requirements set out under Section 103 of the Municipal Code.  The applicant has been advised that certain materials remain outstanding. This report is being brought forward at this time in an abundance of caution to ensure that no legislative timelines lapse.

There is no justification for the demolition of the structure at 7 Austin Terrace.  Demolition of this structure is not an appropriate or desirable outcome of the application to demolish.