That the Economic and Development Services Committee recommend to City Council:
Whereas, the dwelling located at 195 Simcoe Street North, known as the “Robert McLaughlin House”, is a “listed, non-designated” property on the City’s Register of Properties of Cultural Heritage Value or Interest under Section 27 of the Ontario Heritage Act, R.S.O. 1990, Chapter O.18 (the “Heritage Act”) but is not currently designated; and,
Whereas, by letter dated February 2, 2021, Nantuck Investments Inc. (the “Owner”) submitted a notice of their intention to demolish the Robert McLaughlin House to City staff; and,
Whereas, on March 29, 2021, Council directed staff to undertake, among other matters, the process to designate the Robert McLaughlin House as a property of cultural heritage value or interest under the Heritage Act; and,
Whereas, on April 1, 2021, staff issued notice of the City’s intention to designate the Robert McLaughlin House, advising that any person may, on or before May 3, 2021, file a Notice of Objection to the proposed designation; and,
Whereas, on April 30, 2021, the Owner submitted a Notice of Objection to the City with respect to the proposed designation, which was subsequently referred by City staff to the then Conservation Review Board [now referred to as the Ontario Land Tribunal (“O.L.T.”)] for a hearing and recommendation to City Council concerning the designation; and,
Whereas, on November 30, 2021, at the request of the O.L.T., the City’s notice of intention to designate was revised on consent from the City and the Owner in order to more appropriately reflect the notice requirements of the Heritage Act (see Attachment 1 – Notice of Intention to Designate); and,
Whereas, on March 16, 2023, the Owner submitted an application under Section 34 of the Heritage Act requesting to demolish the Robert McLaughlin House; and,
Whereas, on June 26, 2023, City Council denied the Owner’s Section 34 application to demolish the Robert McLaughlin House; and,
Whereas, on July 6, 2023, the Owner was provided Notice of Council’s Decision to deny the Section 34 application (the “Notice”); and,
Whereas, on July 6, 2023, the Notice was also provided to the Ontario Heritage Trust, and published in the Oshawa This Week newspaper; and,
Whereas, on August 8, 2023, the Owner submitted a Notice of Appeal to Council’s decision to deny the Section 34 application (see Attachment 2 – Notice of Appeal); and,
Whereas, on August 23, 2023, the Owner submitted notice to both the City and the
O.L.T. that they are withdrawing their April 2021 Notice of Objection to the proposed designation under Section 29 of the Heritage Act (see Attachment 3 – Notice of Withdrawal); and,
Whereas, under Section 29 of the Heritage Act upon submission of a Notice of Withdrawal, “the council shall act in accordance with subsection (6) as if no notice of objection had been served;” and,
Whereas subsection 29(6) requires Council to either pass a by-law designating the property, or issue Notice of Withdrawal in order to withdraw the notice of intention to designate; and,
Whereas, in light of Council’s previous position that the property be designated, it is recommended that Council pass a by-law designating the Robert McLaughlin House under Section 29 of the Ontario Heritage Act; and,
Whereas, it is important to note that the Owner still intends to proceed with the Section 34 appeal related to the application to demolish the Robert McLaughlin House; and,
Whereas, notwithstanding Council advancing designation of the Robert McLaughlin House, staff will continue to support Council’s position that the Owner’s Section 34 application be denied, per the direction provided by Council through Report ED-23-127 dated May 31, 2023;
Therefore, be it resolved that the Economic and Development Services Committee recommend to City Council:
- That, pursuant to Closed Item ED-23-166 dated September 11, 2023, Economic and Development Services staff prepare the necessary by-law and Designation Statement and Description to designate the Robert McLaughlin House under Section 29 of the Ontario Heritage Act.
- That, pursuant to Closed Item ED-23-166 dated September 11, 2023, City Council consider and approve said by-law designating the Robert McLaughlin House on October 2, 2023.
- That, pursuant to Closed Item ED-23-166 dated September 11, 2023, Economic and Development Services staff be authorized to:
- Provide Notice of By-law Passing to Nantuck Investments Inc., owner of 195 Simcoe Street North, in accordance with the requirements of Section 29 of the Ontario Heritage Act;
- Forward the Notice to the Ontario Heritage Trust in accordance with the Ontario Heritage Act; and,
- Publish the Notice in accordance with the Ontario Heritage Act.