Item - 2016.CC19.9
Tracking Status
- City Council adopted this item on June 7, 2016 with amendments.
CC19.9 - 10 St. Mary Street - Zoning Amendment Application - Demolition of Designated Heritage Property - Request for Directions
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 27 - Toronto Centre-Rosedale
City Council Decision
City Council on June 7, 8 and 9, 2016, adopted the following:
1. City Council refuse the issuance of a demolition permit for the heritage property at 10 St. Mary Street, in accordance with Section 34 of the Ontario Heritage Act.
2. If the owner appeals City Council’s decision to refuse the issuance of a demolition permit under Section 34 of the Ontario Heritage Act for the heritage property at 10 St. Mary Street, City Council authorize the City Solicitor and the necessary City staff to attend the Ontario Municipal Board hearing in opposition to the appeal.
3. City Council adopt the recommendation contained in Confidential Attachment 2 to the report (May 31, 2016) from the City Solicitor.
4. City Council authorize the public release of the recommendation in Confidential Attachment 2 to the report (May 31, 2016) from the City Solicitor and City Council direct that the balance of Confidential Attachment 2 and Confidential Appendix A to the report (May 31, 2016) from the City Solicitor remain confidential at the discretion of the City Solicitor.
5. City Council direct that the confidential information contained in Confidential Attachment 2 to the supplementary report (June 7, 2016) from the Interim City Solicitor remain confidential.
The following confidential recommendation contained in Confidential Attachment 2 to the report (May 31, 2016) from the City Solicitor was adopted by City Council and is now public:
1. City Council direct the City Solicitor to advise the applicant that the City refuses the without prejudice settlement offer dated May 3, 2016 as attached in Appendix A in Confidential Attachment 2 to the report (May 31, 2016) from the City Solicitor.
The balance of Confidential Attachment 2 to the report (May 31, 2016) from the City Solicitor remains confidential at the discretion of the City Solicitor in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation that affects the City and it contains advice or communications that are subject to solicitor-client privilege.
Confidential Attachment 2 to the supplementary report (June 7, 2016) from the Interim City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation that affects the City or one of its agencies, boards and commissions and it contains advice or communications that are subject to solicitor-client privilege.
Confidential Attachment - Litigation or potential litigation that affects the City or one of its agencies, boards, and commissions and advice or communications that are subject to solicitor-client privilege
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2016/cc/bgrd/backgroundfile-93883.pdf
Public Attachment 1 - Schedule A to By-law No. 353-1015
https://www.toronto.ca/legdocs/mmis/2016/cc/bgrd/backgroundfile-93884.pdf
Confidential Attachment 2
Confidential Appendix A
(June 7, 2016) Supplementary report from the Interim City Solicitor on 10 St Mary Street - Zoning Amendment Application - Demolition of Designated Heritage Property Request for Directions (CC19.9a)
https://www.toronto.ca/legdocs/mmis/2016/cc/bgrd/backgroundfile-94054.pdf
Confidential Attachment 2
Motions (City Council)
That City Council adopt the following recommendation contained in the supplementary report (June 7, 2016) from the City Solicitor [CC19.9a]:
1. Council direct that the information contained in the Confidential Attachment 2 is to remain confidential.
Vote (Amend Item (Additional)) Jun-08-2016 6:43 PM
| Result: Carried | Majority Required - CC19.9 - Wong-Tam - motion 1a |
|---|---|
| Total members that voted Yes: 36 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Mary Fragedakis, Mark Grimes, Michelle Holland, Stephen Holyday, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 1 | Members that voted No are Michael Thompson |
| Total members that were Absent: 7 | Members that were absent are Justin J. Di Ciano, Frank Di Giorgio, Paula Fletcher, Jim Karygiannis, Norman Kelly, Ron Moeser, David Shiner |
That:
1. City Council refuse the issuance of a demolition permit for the heritage property at 10 St. Mary Street, in accordance with Section 34 of the Ontario Heritage Act.
2. If the owner appeals City Council’s decision to refuse the issuance of a demolition permit under Section 34 of the Ontario Heritage Act for the heritage property at 10 St. Mary Street, City Council authorize the City Solicitor and the necessary City staff to attend the Ontario Municipal Board hearing in opposition to the appeal.
Vote (Amend Item (Additional)) Jun-08-2016 6:44 PM
| Result: Carried | Majority Required - CC19.9 - Wong-Tam - motion 1b |
|---|---|
| Total members that voted Yes: 32 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, John Campbell, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Mary Fragedakis, Mark Grimes, Stephen Holyday, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 5 | Members that voted No are Christin Carmichael Greb, Michelle Holland, Giorgio Mammoliti, James Pasternak, Michael Thompson |
| Total members that were Absent: 7 | Members that were absent are Justin J. Di Ciano, Frank Di Giorgio, Paula Fletcher, Jim Karygiannis, Norman Kelly, Ron Moeser, David Shiner |
Vote (Adopt Item as Amended) Jun-08-2016 6:45 PM
| Result: Carried | Majority Required - CC19.9 - Adopt the item as amended |
|---|---|
| Total members that voted Yes: 34 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Mary Fragedakis, Mark Grimes, Michelle Holland, Stephen Holyday, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 3 | Members that voted No are Giorgio Mammoliti, James Pasternak, Michael Thompson |
| Total members that were Absent: 7 | Members that were absent are Justin J. Di Ciano, Frank Di Giorgio, Paula Fletcher, Jim Karygiannis, Norman Kelly, Ron Moeser, David Shiner |