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Toronto City Council · 2023-11-08 · 2023.CC12.11

The filed record

33 and 37 Maitland Street - Proposed Designation By-Law under Part IV, Section 29 of the Ontario Heritage Act - Consideration of Objection

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The decision

2023-11-08 · Toronto City Council · adopted

As filed

City Council on November 8 and 9, 2023, adopted the following: 1. City Council affirm its decision to state its intention to designate the property at 33 Maitland Street under Part IV, Section 29 of the Ontario Heritage Act as set out in City Council's decision in Item CC8.28 on July 19 and 20, 2023. 2. City Council affirm its decision to state its intention to designate the property at 37 Maitland Street under Part IV, Section 29 of the Ontario Heritage Act as set out in City Council's decision in Item CC8.28 on July 19 and 20, 2023.

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3. City Council authorize the City Solicitor to introduce the bills in City Council designating the properties at 33 and 37 Maitland Street under Part IV, Section 29 of the Ontario Heritage Act.

On the agenda

As the city filed it

This report recommends that City Council affirm its decision of July 19, 2023 (Item CC8.28) stating its intention to designate the properties at 33 and 37 Maitland Street under Part IV, Section 29 of the Ontario Heritage Act (the "Act"). The City has received an objection to the notice of intention to designate on behalf of the property owner within the required statutory timeframe. The subject properties are adjacent to each other on the south side of Maitland Street between Yonge Street and Church Street in the Church - Wellesley Village.

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33 Maitland Street, known as The Biltmore Apartments, is a three-storey, apartment building designed with a brick exterior and Arts and Crafts influences, completed in 1928. City Council included the properties on the Heritage Register on February 7, 2023. The objector is of the opinion that 33 Maitland Street is not an appropriate candidate for designation under Part IV, Section 29 of the Ontario Heritage Act. The property immediately to the east at 37 Maitland Street is a rare example in Toronto of a Georgian-style villa with Italianate influences dating from 1858. Characteristic of the Georgian style, the property displays a formal but understated symmetrical, red brick façade as well as a low hipped roof with tall symmetrical chimneys at each end. The property was included on the City of Toronto's Heritage Inventory (now the Heritage Register) in 1974. The objector is of the opinion that that the rear and side extensions and additions are not prominent design features with significant cultural heritage value. For both 33 and 37 Maitland Street, the objection asserts that the reasons for designation are overly broad and suggests that it is inappropriate to refer to a character area that is informed by other properties beyond the property that is proposed for designation. Staff have reviewed the objections raised on behalf of the owner and remain of the opinion that despite these objections, the properties 33 and 37 Maitland Street meet Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Act under all three categories of design and physical, historical and associative, and contextual values. As such, staff are of the opinion that both properties should be designated. Designation enables City Council to review proposed alterations for the property, enforce heritage property standards and maintenance, and refuse demolition. City Council has until November 21, 2023, 90 days from the date of the end of the objection period, or 120 days from the issuance of the Notice of Intention to Designate to make a decision on this objection as per the timeline under the Act.

Staff recommended

The Chief Planner and Executive Director, City Planning recommends that: 1. City Council affirm its decision to state its intention to designate the property at 33 Maitland Street under Part IV, Section 29 of the Ontario Heritage Act as set out in City Council Decision Item CC8.28 on July 19, 2023. 2. City Council affirm its decision to state its intention to designate the property at 37 Maitland Street under Part IV, Section 29 of the Ontario Heritage Act as set out in City Council Decision Item CC8.28 on July 19, 2023.

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3. City Council authorize the City Solicitor to introduce the bills in City Council designating the properties at 33 and 37 Maitland Street under Part IV, Section 29 of the Ontario Heritage Act.

    On the record

    The item as the City filed it

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