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Toronto backs closing loophole in Heritage Act
JENNIFER LEWINGTON
CITY HALL BUREAU CHIEF
In a victory for heritage advocates, Toronto city council has voted to close a loophole that prevents owners of historic buildings from practising "demolition by neglect."
By a vote of 32-2, councillors asked city staff yesterday to set out minimum standards to maintain the features of a heritage-designated building, with a requirement that owners carry out necessary repairs.
If not, the city could do the work and add the bill to the owner's property taxes.
Until now, it has been easy to buy land holding historic buildings, then delay repairs indefinitely until safety concerns become an excuse to raze the property, making way for new development.
"This will reduce the number of decayed buildings," predicted Councillor Kyle Rae.
"There is a public will and a public interest in maintaining heritage property and there is a public good in that."
While praising many owners of heritage-designated buildings (a status under the Ontario Heritage Act that gives the city some power to safeguard the vintage character), Mr. Rae said that some developers "buy heritage buildings in hopes they decay, so they can block-bust and redevelop the site."
Mr. Rae (Ward 27, Toronto Centre-Rosedale) said he hopes council's action, coupled with a bylaw expected by this spring, will be enough to save Walnut Hall, an 1840s-era building at 102-108 Shuter Street near Jarvis Street in his ward.
Over the past decade, Mr. Rae said that a series of property owners made few improvements to the two-storey structure, to the point were the poor state of the walls and roof could raise safety concerns and increase the likelihood of demolition.
Domenic Santaguida, spokesman for a partnership that plans to buy the building, restore it and proceed with a residential condo project on the site, praised the council decision.
"It is a starting point," said Mr. Santaguida, who is president of Toronto-based Trisan Realty Corp. and works with Montreal-based Carlo Bizzotto of Les Développements D'Arcy McGee on projects that preserve heritage structures and add new development on the same site.
Heritage activist Catherine Naismith, an architect, said the city decision is "really important." She added that the practice of putting off repairs to a building, in hopes that its poor shape could trigger a call for demolition, "is an age-old strategy for getting around the heritage act." But she warned that the city must ensure its proposed bylaw passes muster in the courts. A recent court ruling struck down a St. Thomas, Ont., bylaw that closed the same loophole now being closed here.
At yesterday's council, members from opposite ends of the political spectrum were in agreement.
"For developers and property owners who think they can do an end run around the city and endlessly delay by not fixing windows and roofs, it sends a strong message that the city is getting more and more serious about heritage," said Councillor Adam Vaughan (Ward 20, Trinity-Spadina).
Councillor Frances Nunziata (Ward 11, York South-Weston), who also voted for the measure, said her residents see value in preserving historic buildings.
In a recent case, she said, Weston residents fought the proposed demolition of a heritage home, winning at the Ontario Municipal Board.
JENNIFER LEWINGTON
CITY HALL BUREAU CHIEF
In a victory for heritage advocates, Toronto city council has voted to close a loophole that prevents owners of historic buildings from practising "demolition by neglect."
By a vote of 32-2, councillors asked city staff yesterday to set out minimum standards to maintain the features of a heritage-designated building, with a requirement that owners carry out necessary repairs.
If not, the city could do the work and add the bill to the owner's property taxes.
Until now, it has been easy to buy land holding historic buildings, then delay repairs indefinitely until safety concerns become an excuse to raze the property, making way for new development.
"This will reduce the number of decayed buildings," predicted Councillor Kyle Rae.
"There is a public will and a public interest in maintaining heritage property and there is a public good in that."
While praising many owners of heritage-designated buildings (a status under the Ontario Heritage Act that gives the city some power to safeguard the vintage character), Mr. Rae said that some developers "buy heritage buildings in hopes they decay, so they can block-bust and redevelop the site."
Mr. Rae (Ward 27, Toronto Centre-Rosedale) said he hopes council's action, coupled with a bylaw expected by this spring, will be enough to save Walnut Hall, an 1840s-era building at 102-108 Shuter Street near Jarvis Street in his ward.
Over the past decade, Mr. Rae said that a series of property owners made few improvements to the two-storey structure, to the point were the poor state of the walls and roof could raise safety concerns and increase the likelihood of demolition.
Domenic Santaguida, spokesman for a partnership that plans to buy the building, restore it and proceed with a residential condo project on the site, praised the council decision.
"It is a starting point," said Mr. Santaguida, who is president of Toronto-based Trisan Realty Corp. and works with Montreal-based Carlo Bizzotto of Les Développements D'Arcy McGee on projects that preserve heritage structures and add new development on the same site.
Heritage activist Catherine Naismith, an architect, said the city decision is "really important." She added that the practice of putting off repairs to a building, in hopes that its poor shape could trigger a call for demolition, "is an age-old strategy for getting around the heritage act." But she warned that the city must ensure its proposed bylaw passes muster in the courts. A recent court ruling struck down a St. Thomas, Ont., bylaw that closed the same loophole now being closed here.
At yesterday's council, members from opposite ends of the political spectrum were in agreement.
"For developers and property owners who think they can do an end run around the city and endlessly delay by not fixing windows and roofs, it sends a strong message that the city is getting more and more serious about heritage," said Councillor Adam Vaughan (Ward 20, Trinity-Spadina).
Councillor Frances Nunziata (Ward 11, York South-Weston), who also voted for the measure, said her residents see value in preserving historic buildings.
In a recent case, she said, Weston residents fought the proposed demolition of a heritage home, winning at the Ontario Municipal Board.
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