Hume: Toothless laws led to shameful destructionComment on this story »
By Christopher Hume
Urban Issues, Architecture Published On Fri Dec 18 2009
Developers don't get a lot of respect in this town. Even when they're trying to do their best, many view them as little more than dressed-up vandals.
This week, we found out why.
Thanks to an unprecedented display of wanton destruction by John Todd, president of 1626829 Ontario Ltd., a historic Toronto house has been defaced beyond recognition.
Designed by architect John Lyle, he of Union Station and the Royal Alexandra Theatre, the century-old residential building at 7 Austin Terrace was reduced to a shell Tuesday as a small crowd watched in disbelief.
Todd, who bought the property in 2008, wants to tear it down to make way for a row of townhouses.
In theory there's nothing wrong with that, but rather than bother with the niceties of the heritage designation the city is seeking, Todd hired a gang of architectural thugs to tear the place apart, but not demolish it.
For that, a demolition permit would have been required, something Todd and his lawyer, Adam Brown, never asked for.
"Everything that was done today was in our rights as the property owner," said Todd, speaking words that have been heard many times before.
"There's nothing heritage about any part of that building," said Brown. "Today, the building is not listed or designated. My client bought it ... but it's not listed as a designated building. It's a vacant building."
Never more so than now.
"Technically, it wasn't a demolition," Toronto Councillor Joe Mihevc explained. "But obviously they are destroying all the heritage features. There's outrage at city hall that they can get away with this."
That's not hard to understand; the way the system works, however, means that until a building has been designated, it isn't protected. But designation takes time, and city council won't reconvene until Jan. 21.
"Once it's designated," Mihevc continued, "Todd can be charged. But you can't designate something that's been destroyed."
Todd may be an embarrassment to the city, but clearly this doesn't concern him. Why should it? Eventually, he will build his townhouses and people will buy them blissfully unaware of their shameful history. As long as his actions are not illegal, it doesn't matter if they're wrong.
But long after this nasty little battle is over and forgotten, we will still be waging the larger war between property owners and heritage rights. There are rarely any easy outcomes, but there must be better ways of resolving these disputes.
"What we need," Mihevc said, "is the ability to issue a stop-work order to cover the time between when we get an indication a building might be designated and the time when the designation process ends. Right now, shame is the only tool we have."
For Todd, Brown and their crew, that means nothing.
It doesn't have to be like this. On Sherbourne St. just south of Bloor, a late 19th-century house, the James Cooper mansion, was moved to a nearby site to accommodate a high-rise condo tower next door.
In other cases, facades of historic buildings have been incorporated not always happily – into modern structures.
The contempt shown on Austin Terrace is obnoxious for reasons that go well beyond the building. Indeed, it flies in the face of the very civic values behind which the John Todds of this world take refuge.
When the most compelling argument his lawyer can make is that his actions are not against the law, you know the bar has been set as low as it can go.
The barbarians might once have been at the gates, but now they are amongst us.
Christopher Hume can be reached at
chume@thestar.ca