Item - 2020.TE21.13

Tracking Status

  • City Council adopted this item on December 16, 2020 without amendments and without debate.
  • This item was considered by the Toronto and East York Community Council on December 2, 2020 and adopted without amendment. It will be considered by City Council on December 16, 2020.
  • See also By-law 46-2021

TE21.13 - Intention to Designate under Part IV, Section 29 of the Ontario Heritage Act - 41 and 47 Fraser Avenue and 135 Liberty Street

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
10 - Spadina - Fort York

City Council Decision

City Council on December 16, 17 and 18, 2020, adopted the following:

 

1. City Council amend the listing of the property at 41 Fraser Avenue to include the Powerhouse as a heritage attribute on the City of Toronto's Heritage Register.

 

2. City Council state its intention to designate the property at 41 Fraser Avenue, including the entry addresses at 39, 49, 49A, 53, 53 A Fraser Avenue and 38 and 42 Pardee Avenue, under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statement of Significance: 41 and 47 Fraser Avenue and 135 Liberty Street (Reasons for Designation) attached as Attachment 4 to the report (October 8, 2020) from the Senior Manager, Heritage Planning.

 

3. City Council state its intention to designate the property at 47 Fraser Avenue, including the entry address 47A Fraser Avenue, under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statement of Significance: 41 and 47 Fraser Avenue and 135 Liberty Street (Reasons for Designation) attached as Attachment 4 to the report (October 8, 2020) from the Senior Manager, Heritage Planning.

 

4. City Council state its intention to designate the property at 135 Liberty Street under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statement of Significance: 41 and 47 Fraser Avenue and 135 Liberty Street (Reasons for Designation) attached as Attachment 4 to the report (October 8, 2020) from the Senior Manager, Heritage Planning.

 

5. If there are no objections to the designations, City Council authorize the City Solicitor to introduce the Bills in City Council designating the properties under Part IV, Section 29 of the Ontario Heritage Act.

 

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

 

7. If the designations are 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 City Council's decision to designate the properties.

Background Information (Community Council)

(October 8, 2020) Report and Attachments 1-4 from the Senior Manager, Heritage Planning, Urban Design, City Planning - Intention to Designate under Part IV, Section 29 of the Ontario Heritage Act - 41 and 47 Fraser Avenue and 135 Liberty Street
https://www.toronto.ca/legdocs/mmis/2020/te/bgrd/backgroundfile-158507.pdf

13a - Intention to Designate under Part IV, Section 29 of the Ontario Heritage Act - 41 and 47 Fraser Avenue and 135 Liberty Street

TE21.13 - Intention to Designate under Part IV, Section 29 of the Ontario Heritage Act - 41 and 47 Fraser Avenue and 135 Liberty Street

Decision Type:
ACTION
Status:
Adopted
Ward:
10 - Spadina - Fort York

Community Council Recommendations

The Toronto and East York Community Council recommends that:

 

1. City Council amend the listing of the property at 41 Fraser Avenue to include the Powerhouse as a heritage attribute on the City of Toronto's Heritage Register.

 

2.  City Council state its intention to designate the property at 41 Fraser Avenue including the entry addresses at 39, 49, 49A, 53, 53 A Fraser Avenue and 38 and 42 Pardee Avenue, under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statement of Significance: 41 and 47 Fraser Avenue and 135 Liberty Street (Reasons for Designation) attached as Attachment 4 to the report (October 8, 2020) from the Senior Manager, Heritage Planning, Urban Design, City Planning.

 

3.  City Council state its intention to designate the property at 47 Fraser Avenue, including the entry address 47A Fraser Avenue, under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statement of Significance: 41 and 47 Fraser Avenue and 135 Liberty Street (Reasons for Designation) attached as Attachment 4 to the report (October 8, 2020) from the Senior Manager, Heritage Planning, Urban Design, City Planning.

 

4.  City Council state its intention to designate the property at 135 Liberty Street under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statement of Significance: 41 and 47 Fraser Avenue and 135 Liberty Street (Reasons for Designation) attached as Attachment 4 to the report (October 8, 2020) from the Senior Manager, Heritage Planning, Urban Design, City Planning.

 

5.  If there are no objections to the designations, City Council authorize the City Solicitor to introduce the bills in Council designating the properties under Part IV, Section 29 of the Ontario Heritage Act.

 

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

 

7.  If the designations are 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 designate the properties.

Origin

(October 8, 2020) Report from the Senior Manager, Heritage Planning, Urban Design, City Planning

Summary

This report recommends that City Council state its intention to designate the listed heritage properties that contains significant built heritage resources at 41 Fraser Avenue, 47 Fraser Avenue and 135 Liberty Street (including the entrance addresses at 39, 47A, 49, 49A, 53 and 53A Fraser Avenue and 38 and 42 Pardee Avenue), formerly known as E. W. Gillett Co. Ltd. factory complex, under Part IV, Section 29 of the Ontario Heritage Act.

 

Originally developed as a single property known as 41 Fraser Avenue, the properties occupy the north end of the block and are bound by Fraser Avenue, Liberty Street and Pardee Avenue on the west, north and east sides respectively. They contain a large complex of industrial buildings including the original, four-storey factory, two-storey office building and one-storey powerhouse, all constructed in 1911-12.  The employee welfare building of 1922 and the single-storey, garage-storage building of 1941-2 were later additions.  41 Fraser Avenue was severed in 2004 and is now known as three properties identified as 41 Fraser Avenue, 47 Fraser Avenue and 135 Liberty Street.

 

In 2005, the properties were listed on the City of Toronto's Heritage Register as 41 Fraser Avenue. The properties are located within historic Liberty Village which following the Great Fire of 1904 developed as a significant industrial and manufacturing hub in the City of Toronto. 

 

Following city staff's additional research and evaluation under Ontario Regulation 9/06, the provincial criteria prescribed for municipal designation, it has been determined that the properties at 41 and 47 Fraser Avenue and 135 Liberty Street merit designation under Part IV Section 29 of the Ontario Heritage Act for its design, associative and contextual value. The additional research identified the powerhouse, which is not currently included in the listing as a heritage attribute on the property at 41 Fraser Avenue.

 

The designation of the former E. W. Gillett Co. Ltd. factory complex on the properties at 41 and 47 Fraser Avenue and 135 Liberty Street would identify all of the properties' cultural heritage values and heritage attributes which shall be conserved.  Designation enables City Council to review proposed alterations for the properties, enforce heritage property standards and maintenance, and refuse demolition. 

Background Information

(October 8, 2020) Report and Attachments 1-4 from the Senior Manager, Heritage Planning, Urban Design, City Planning - Intention to Designate under Part IV, Section 29 of the Ontario Heritage Act - 41 and 47 Fraser Avenue and 135 Liberty Street
https://www.toronto.ca/legdocs/mmis/2020/te/bgrd/backgroundfile-158507.pdf

Motions

Motion to Adopt Item moved by Councillor Joe Cressy (Carried)

13a - Intention to Designate under Part IV, Section 29 of the Ontario Heritage Act - 41 and 47 Fraser Avenue and 135 Liberty Street

Origin
(October 30, 2020) Letter from the Toronto Preservation Board
Summary

This report recommends that City Council state its intention to designate the listed heritage properties that contains significant built heritage resources at 41 Fraser Avenue, 47 Fraser Avenue and 135 Liberty Street (including the entrance addresses at 39, 47A, 49, 49A, 53 and 53A Fraser Avenue and 38 and 42 Pardee Avenue), formerly known as E. W. Gillett Co. Ltd. factory complex, under Part IV, Section 29 of the Ontario Heritage Act.

 

Originally developed as a single property known as 41 Fraser Avenue, the properties occupy the north end of the block and are bound by Fraser Avenue, Liberty Street and Pardee Avenue on the west, north and east sides respectively. They contain a large complex of industrial buildings including the original, four-storey factory, two-storey office building and one-storey powerhouse, all constructed in 1911-12.  The employee welfare building of 1922 and the single-storey, garage-storage building of 1941-2 were later additions.  41 Fraser Avenue was severed in 2004 and is now known as three properties identified as 41 Fraser Avenue, 47 Fraser Avenue and 135 Liberty Street.

 

In 2005, the properties were listed on the City of Toronto's Heritage Register as 41 Fraser Avenue. The properties are located within historic Liberty Village which following the Great Fire of 1904 developed as a significant industrial and manufacturing hub in the City of Toronto. 

 

Following city staff's additional research and evaluation under Ontario Regulation 9/06, the provincial criteria prescribed for municipal designation, it has been determined that the properties at 41 and 47 Fraser Avenue and 135 Liberty Street merit designation under Part IV Section 29 of the Ontario Heritage Act for its design, associative and contextual value. The additional research identified the powerhouse, which is not currently included in the listing as a heritage attribute on the property at 41 Fraser Avenue.

 

The designation of the former E. W. Gillett Co. Ltd. factory complex on the properties at 41 and 47 Fraser Avenue and 135 Liberty Street would identify all of the properties' cultural heritage values and heritage attributes which shall be conserved.  Designation enables City Council to review proposed alterations for the properties, enforce heritage property standards and maintenance, and refuse demolition. 
 
Background Information
(October 8, 2020) Report and Attachments 1-4 from the Senior Manager, Heritage Planning, Urban Design, City Planning on Intention to Designate under Part IV, Section 29 of the Ontario Heritage Act - 41 and 47 Fraser Avenue and 135 Liberty Street
(http://www.toronto.ca/legdocs/mmis/2020/pb/bgrd/backgroundfile-157551.pdf)
Presentation on Intention to Designate under Part IV, Section 29 of the Ontario Heritage Act - 41 and 47 Fraser Avenue and 135 Liberty Street
(http://www.toronto.ca/legdocs/mmis/2020/pb/bgrd/backgroundfile-157968.pdf)

 
Communications
(October 29, 2020) Letter from Eileen P.K. Costello, Aird and Berlis LLP (PB.Supp.PB18.4.1)
(http://www.toronto.ca/legdocs/mmis/2020/pb/comm/communicationfile-122637.pdf)

 
Speakers
Eileen Costello, Aird and Berlis LLP

 
                 

Source: Toronto City Clerk at www.toronto.ca/council