CITY OF TORONTO
URBAN DEVELOPMENT SERVICES
Contact: David Brezer, P.Eng 392-0097
Development Approval
January 2, 1998
To: Toronto Community Council
Subject: Residential Demolition Permit Applications, 399 - 403 King Street East (New Ward 25)
Origin: Commissioner of Urban Development Services (p:\1997\ug\uds\bld\nh970077.bld) - db
Recommendation:
That the demolition permits be refused.
Comments:
On December 17, 1997, Delbert Jackson applied on behalf of the owner, Trinity East Anglican Church, for permits to demolish the pair of semi-detached residential buildings at 399 and 403 King Street East. The vacant buildings contain a total of four dwelling units.
The owner does not intend to construct a replacement structure at this time, but to re-grade and landscape the site to match their adjoining property, the Little Trinity Church at 417 King St East. In accordance with Municipal Code Chapter 146, Article II, Demolition Control, I refer the demolition applications to you to recommend to Council whether to grant or refuse the applications, including conditions, if any, to be attached to the permit. The former Toronto City Council has twice before considered applications to demolish the pair of semi-detached houses. Applications filed on June 3, 1986 and April 29, 1992 were both refused.
399 and 403 King Street East are both listed on the City’s inventory of heritage properties, and Heritage Toronto will be reporting separately to you with their concerns.
Section 6.19 of the Official Plan of the former City of Toronto states:
It is the policy of Council not to issue demolition permits for the demolition of residential property containing dwelling units where, pursuant to the Planning Act, it is lawful to refuse their issuance, and where, in the opinion of Council:
(a) such demolition is not to be followed within a reasonable period of time either by new development on the lot which contains the residential property, or by the reuse of the lot in accordance with the Zoning By-law; or
(b) such demolition would result in:
(i) the loss of residential property or dwelling units in good structural repair; or
(ii) the loss of residential property or dwelling units which serve a necessary social housing need; or
(iii) the undue hardship of relocation upon the occupants of the building to be demolished.
The Planning Act allows that where no building permit has been issued for a replacement building on the property, Council may issue or refuse to issue a demolition permit. The Planning Act does not provide for conditions to be attached to this type of demolition permit, but the City of Toronto Act, 1991 does allow the City to attach conditions. Specifically, The City of Toronto Act, 1991 permits Council to impose as a condition on the demolition permit any condition that, in the opinion of Council, is reasonable, having regard for the nature of the residential property to be demolished, including conditions,
(a) requiring the preservation of significant natural features; and
(b) requiring the erection and maintenance of structures and enclosures around the residential property proposed to be demolished and requiring the submission and approval of plans of the structures and enclosures.
Should Council wish to issue the demolition permits, the permits could be issued on the condition that the
