BYLAW - Repeal Designation George Browning House - 20120410 - 540412THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5404-12
BEING A BY-LAW to repeal By-
law Number 5254-10, being a by-
law to designate a property as
being of historical and/or
architectural value or interest
(The George Browning House —
15086-15088 Yonge Street)
WHEREAS on September 14, 2010, The Corporation of The Town of Aurora
(hereinafter the "Town") enacted By-law Number 5254-10, being a by-law to
designate certain lands including the house situated thereon known as the "George
Browning House", to be of historical and/or architectural value or interest, which By-
law was registered on title to the land described as Lot 52, Plan 246, subject to
R160971, Town of Aurora, Regional Municipality of York on March 4, 2011 as
Instrument No. YR1617730;
AND WHEREAS on December 9, 2011 the owner of the Property submitted a
request for demolition of the subject property pursuant to subsection 34(1) of the
Ontario Heritage Act, R.S.O. 1990, c. 0.18, as amended (the "Heritage Act"), which
states no owner of property designated under section 29 shall demolish or remove a
building or structure on the property or permit the demolition or removal of a building
or structure on the property unless the owner applies to the council of the
municipality in which the property is situate and receives consent in writing to the
demolition or removal;
AND WHEREAS on November 22, 2011 the Town enacted By-law Number 5365-
11, wherein Council delegated authority to the Manager of Heritage Planning and
Urban Design to receive and issue notices of receipt for Heritage Permit
Applications received by the Town pursuant to section 34 of the Heritage Act;
AND WHEREAS on December 9, 2011 the Manager of Heritage Planning and
Urban Design served a notice of receipt on the owner pursuant to subsection
34(1.2) of the Heritage Act, which states that the council, on receipt of an
application under subsection (1) together with any information it may require under
subsection (1.1), shall serve a notice of receipt on the applicant;
AND WHEREAS subsection 34(2) of the Heritage Act, states that within 90 days
after the notice of receipt is served on the applicant under subsection (1.2) or within
such longer period as is agreed upon by the owner and the council, the council,
after consultation with its municipal heritage committee, if one is established: (a)
may, (i) consent to the application, (i.1) consent to the application, subject to such
terms and conditions as may be specified by the council, or (ii) refuse the
application; (b) shall give notice of its decision to the owner and to the Trust; and (c)
shall publish its decision in a newspaper having general circulation in the
municipality;
AND WHEREAS subsection 31(2) of the Heritage Actstates that where the council
of a municipality has appointed a municipal heritage committee, the council shall,
before repealing a by-law or part thereof designating property, consult with its
municipal heritage committee;
AND WHEREAS on January 24, 2012 Council of the Town approved the
recommendations of its Heritage Advisory Committee, as amended, to consent to
the demolition application with the understanding that the applicant will salvage any
and all items that can be used from the building;
By -taw 5404-12 Page 2 of 4
AND WHEREAS on February 28, 2012 Council of the Town approved the.
recommendations of the Heritage Advisory Committee meeting on February 13,
2012, amending the recommendation to consent to the demolition application with
the understanding that the applicant will salvage any and all items that can be used
from the building in the new one and that a display be set up in the lobby along with
relevant historical information on George Brown and the house;
AND WHEREAS the Council of the Town deems it necessary and expedient to
enact a by-law to repeal By-law Number 5254-10 designating the land to be of
historical and/or architectural value or interest;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA ENACTS AS FOLLOWS:
THAT By-law Number 5254-10 be and is hereby repealed.
THAT the lands described on Schedule "A" attached hereto and forming part
of this By-law, be removed from the Aurora Register of Property of Cultural
Heritage Value or Interest.
THAT the Town Clerk shall serve a copy of this By-law on the owner of the
land described on Schedule "A" attached hereto and the Ontario Heritage
Trust and publish notice of the passing of this By-law in a newspaper having
general circulation in the municipality.
4. THAT the Town Solicitor shall register against the land described on
Schedule "A" attached hereto in the proper Land Registry Office, a copy of
this By-law including an Affidavit of the Town Clerk respecting the giving of
notice referenced herein to be attached to and forming part of this By-law.
THAT this By-law shall come into full force and effect on the date of final
passage hereof.
READ A FIRST AND SECOND TIME THIS 10th DAY OF APRIL, 2012.
READ A THIRD TIME AND FINALLY PASSED THIS 10th DAY OF APRIL, 2012.
OF D >_, MAYOR
Avn zdas to Form
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Date: AQr; f 4 t�
By -taw 6404-12
SCHEDULE "A"
BY-LAW 5404-12
Description of Property
Page 3 of 4
All and singular those certain parcels or tracts of land and premises situate, lying and
being in the Town of Aurora, in the Regional Municipality of York, municipally known as
15086-15088 Yonge Street, and being composed of Lot 52, Plan 246, subject to
R160971 (PIN 03653-0078), including the George Browning House and all other
buildings and structures thereon.
By-law 5404-12 Page 4 of 4
Explanatory Note
.Re: Heritage Designation By-law 5404-12
By-law Number 5404-12 to repeal By-law 5254-10 designating the property municipally
known as 15086-15088 Yonge Street, Aurora, as a property of cultural heritage value or
interest pursuant to the provisions of Part IV, subsection 34(3)„of the Ontario Heritage
Act, R,S.O., 1990, Chapter 0.18, as amended.