The North York Community Council recommends the adoption of the following report (March 13, 1998) from the Manager, Culture Branch, North York Civic Centre:

Purpose:

The North York Heritage Committee (Local Architectural Conservation Advisory Committee) at its meeting held on February 10, 1998, recommended that Council for the City of Toronto accept the donation of a Heritage Conservation Easement from the owners of the historic Elihu Pease House, Louis and Donalda Badone, in accordance with part IV of the Ontario Heritage Act (R.S.O. 1990). This report is placed before North York Community Council for its consideration further to the advice of the North York Heritage Committee (LACAC).

Recommendations:

It is recommended:

(1) that Council for the City of Toronto, approve in principle the receipt of a donation of a Heritage Conservation Easement Agreement on the property known as the historic Elihu Pease House, located at 34 Avondale Road, Toronto, under the terms of part IV of the Ontario Heritage Act and in accordance with the advice of the North York Heritage Committee (Local Architectural Conservation Advisory Committee);

(2) that municipal staff be given the authority to negotiate the terms of the Heritage Conservation Easement Agreement with Louis and Donalda Badone, the owners of the Elihu Pease House;

(3) that staff report back to Council for the enactment of a municipal By-law and execution of the agreement; and

(4) that the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Background:

On September 29, 1997, the following direction was given to the City of North York by the Ontario Municipal Board in connection with the historic Elihu Pease House and Official Plan Amendment No. 393:

"The Board directs the City to draft a site specific policy that deals with the historic nature of the Elihu Pease House and provides policies for bonusing for its preservation within a development proposal or for the relocation of it to a suitable location that would enhance its preservation. The Board notes that it has been moved once from its original location and consists of a portion of the original Pease Home."

In addition to the site-specific policies in Official Plan Amendment No. 393 that City staff have been developing, Mr. and Mrs. Badone have asked the City to enter into a "Heritage Conservation Easement Agreement" in order to secure an added layer of protection for their heritage property (see Appendix "B"). Also, at its recent hearing of March 2, 1997, the Ontario Municipal Board directed staff to include in Official Plan Amendment No. 393, a provision whereby Council may consider the acquisition of a Heritage Conservation Easement Agreement on the property known as 34 Avondale Avenue.

Heritage Conservation Easement Agreements:

In the Province of Ontario, the primary means of protecting built heritage is through designation by municipal councils under part IV of the Ontario Heritage Act (R.S.O. 1990). In 1990, the Elihu Pease House was designated (By-Law No. 31251) by the City of North York as a building of architectural and historical significance under the Act.

The Act also permits municipal councils to pass by-laws to enter into voluntary agreements, known as heritage conservation easement agreements, with owners of any type of real property. In the case of heritage buildings, easements can be used as an effective preservation tool for significant heritage features and as protection against demolition.

In general, the owner who is subject to a heritage conservation easement agreement has agreed to take positive actions to protect the property, such as maintaining the heritage elements, and refraining from damaging those aspects of the property that lend it heritage significance. As with designation, the owner also agrees to seek the written approval of Council for any work which affects the appearance or construction of the building's heritage elements.

The easement agreement also runs with the title of the property affecting all subsequent owners and requires the owner to provide adequate insurance for the reconstruction of the building, in the event of loss or damage.

Comments:

The North York Heritage Committee serves as the Local Architectural Conservation Advisory Committee (LACAC) to advise Council on matters relating to the preservation of properties considered to be of historical and/or architectural significance in the North York community.

At its meeting of February 10, 1998, the North York Heritage Committee gave full consideration to the acquisition of a Heritage Conservation Easement Agreement on the property municipally known as 34 Avondale Avenue, Toronto (see Appendix "A"). The North York Heritage Committee endorsed the principle of a municipal acquisition/donation of a Heritage Conservation Easement Agreement protecting the Elihu Pease House on the present property and recommended that municipal staff be given the authority to negotiate the appropriate terms of the agreement with the owners of the Elihu Pease House. The North York Heritage Committee further recommended that this matter be forwarded to North York Community Council for approval in principle.

Conclusions:

This Heritage Conservation Easement Agreement is being considered at the request of the property owners Louis and Donalda Badone. As one of few surviving 19^th century buildings remaining in the North York Centre area, the Elihu Pease House is part of the unique and special heritage of North York. The securing of a Heritage Conservation Easement Agreement on the property is an appropriate measure which can secure the long-term preservation of the Elihu Pease House on its present property.

(A copy of Appendix "A" referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)