Item - 2015.TE10.15

The Toronto and East York Community Council recommends that:

1.  City Council state its intention to amend the former City of Toronto By-law No. 10-77 to revise the Reasons for Designation as described in the Statement of Significance: 131 Farnham Avenue, Attachment 4 to the supplementary report (August 20, 2015) from the Director, Urban Design, City Planning Division to identify the cultural heritage value or interest and describe the heritage attributes.

2.  City Council adopt Revised Attachment 2:  Photographs and Revised Attachment 5:  Heritage Property Research and Evaluation Report:  Part 2, attached to the supplementary report (August 20, 2015) from the Director, Urban Design, City Planning Division, as it has been revised to reflect the change in the Revised Statement of Significance for 131 Farnham Avenue referred to in Recommendation 1 above.
 

3.  If there are no objections to the proposed amendment in accordance with the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the necessary bill in Council amending designating By-law No.10-77.

4.  If there are objections in accordance with the Ontario Heritage Act, City Council direct the City Clerk to refer the proposed amendment to the Conservation Review Board.

5.  If the proposed amendment is referred to the Conservation Review Board, City Council authorize the City Solicitor and appropriate staff to attend any hearing held by the Conservation Review Board in support of Council’s decision to amend the designating by-law.

6.  City Council include the views identified in this report in an amendment to the Official Plan Public Realm Policy, Section 3.1.1., Schedule 4.

7.  City Council authorize the City Solicitor to amend the existing HEA, registered on title for the heritage property at 131 Farnham Avenue, Instrument No. CA332829, dated 15 February, 1995, and on file with the Manager, Heritage Preservation Services.

8.  City Council authorize the City Solicitor to introduce any necessary bill in Council to amend the HEA.

This report recommends that City Council amend the former City of Toronto By-law No. 10-77 designating the property at 131 Farnham Avenue under Part IV, Section 29 of the Ontario Heritage Act, and give authority to amend the existing Heritage Easement Agreement (HEA) with the owner to ensure a comprehensive heritage protection framework for the property.  The house was listed on the inaugural City of Toronto Inventory of Heritage Properties (now known as the Heritage Register) in 1973.  The house was designated under Part IV, Section 29 of the Ontario Heritage Act in 1977.  The gates were listed on the Heritage Register in 1984.  A HEA protecting the historic house was registered on the property in 1995.

The property now known as De La Salle College "Oaklands" contains Oaklands (the historic John Macdonald house dating from 1860), the stone gates (1860s), the gatekeeper's house (1908), the De La Salle College building (1949) and the landscape of the historic Oaklands estate, which includes the escarpment of the ancient Lake Iroquois shoreline.

The property at 131 Farnham Avenue is currently subject to a rezoning application to allow the building of six blocks of townhouses with a total of 28 units on the south-western corner of the property.  Staff is recommending amendment to the 1977 designation by-law to identify the cultural heritage values and heritage attributes of the entire property, which requires revising the Reasons for Designation in accordance with the 2005 changes to the Ontario Heritage Act. Staff is also recommending amendment to the HEA so that it is consistent with the attributes identified in the amended by-law.

The Toronto Preservation Board on July 28, 2015, considered the following:

1.  (July 16, 2015) Report from the Director, Urban Design, City Planning, regarding Amendment of Designating By-law and Authority to Amend Existing Heritage Easement Agreement - 131 Farnham Avenue

The following persons addressed the Toronto Preservation Board:

Michael B. Vaughan, Q.C. Professional Corporation Barrister and Solicitor
Michael J. McQuaid, WeirFoulds LLP
David Bronskill, Goodmans LLP