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, on February 2, 2021, Nantuck Investments Inc. (the “Owner”) submitted to City staff notice of their intention to demolish the Robert McLaughlin House; and,
Whereas, on March 15, 2021, the then Development Services Committee considered Heritage Oshawa’s recommendation to designate the Robert McLaughlin House, and recommended to City Council that the property be designated, and that staff be directed to investigate with the Owner any possible opportunities for the adaptive reuse of the property; and,
Whereas, on March 29, 2021, City 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, a Notice of Objection dated April 30, 2021 was received from the Owner with respect to the proposed designation, which was subsequently referred by City staff to the then Conservation Review Board for a hearing and recommendation to City Council concerning the designation; and,
Whereas, the Conservation Review Board has now been amalgamated with other various tribunals as the Ontario Land Tribunal; and,
Whereas, the appeal process remains ongoing, and a hearing date has not been scheduled by the Ontario Land Tribunal; and,
Whereas on March 16, 2023, the Owner submitted an application under Section 34 of the Heritage Act requesting to demolish a portion of the Robert McLaughlin House and construct an addition to the rear of the remaining portion of the dwelling, in order to facilitate the adaptive reuse of the building for two commercial units and six residential apartment units (see Attachment 1); and,
Whereas, under the Heritage Act, Council has until May 15, 2023 to deem the application either complete or incomplete and give notice to the Owner, and if Council fails to issue such a notice, the application is deemed complete; and,
Whereas, under the Heritage Act, after deeming the application complete, Council would have 90 days to deny, approve or approve with conditions the application to demolish; and,
Whereas, under the Heritage Act, Council must consult with Heritage Oshawa within the aforementioned 90 day period, prior to making a decision on the application; and,
Whereas, Economic and Development Services staff consider Attachment 1 to contain sufficient information for Council to make a decision under the Heritage Act; and,
Whereas, Council’s decision on the application does not preclude Council’s position on the designation of the property, a matter which remains under consideration at the Ontario Land Tribunal;
Therefore, be it resolved:
- That, pursuant to Item ED-23-63, City Council deem the application submitted by Nantuck Investments Inc. under Section 34 of the Ontario Heritage Act concerning 195 Simcoe Street North, to be a complete application; and,
- That, pursuant to Item ED-23-63, Economic and Development Services staff be authorized to provide Notice of Complete Application to Nantuck Investments Inc., owner of 195 Simcoe Street North, by no later than May 5, 2023, in accordance with the requirements of Section 34 of the Ontario Heritage Act; and,
- That, pursuant to Item ED-23-63, Economic and Development Services staff be directed to consult with Heritage Oshawa on May 25, 2023 on the application under the Ontario Heritage Act received from Nantuck Investments Inc. with respect to 195 Simcoe Street North, and report back to the Economic and Development Services Committee on June 6, 2023.