Dellray Development Ltd. v. Innisfil (Town), 2025 CanLII 1179

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 10, 2025

CASE NO.: OLT-24-000396

PROCEEDING COMMENCED UNDER subsection 29(11) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended

Applicant/Appellant: Dellray Development Ltd.

Subject: Passing of By-law to designate a Heritage property

Description: Appeal of Heritage By-law passing

Reference Number: By-law 023-24

Property Address: 6225 Yonge Street

Municipality/UT: Town of Innisfil

OLT Case No.: OLT-24-000396

OLT Lead Case No.: OLT-24-000396

OLT Case Name: Dellray Development Ltd. v. Innisfil (Town)

BEFORE:

Friday, the 20th

day of December, 2024

THIS MATTER, in respect of the lands at 6225 Yonge Street in the Town of Innisfil; and

THE TRIBUNAL having been advised by the Parties on September 16, 2024 that a full uncontested settlement had been reached, on consent, and subsequently approved by a decision of Town Council on September 23, 2024, with respect to the designation by-law appeal filed by the Applicant, being OLT File No. OLT-24-000396;

AND THE TRIBUNAL, having received and accepted the uncontradicted evidence from Evan Sugden through an affidavit sworn November 1, 2024 setting out his expert evidence regarding the designation by-law appeal for the lands located at 6225 Yonge Street;

The appeal of Designation By-law 023-24 is allowed in part;
The Designation By-law 023-24 is amended in the form attached as Attachment A;
The City Clerk is authorized to format, as may be necessary, and assign a number to the by-law as amended herein for record keeping purposes; and
The Tribunal may be spoken to if there are any issues which arise from this Order.

“Euken Lui”

Ontario Land Tribunal Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

ATTACHMENT A

The Corporation of the Town of Innisfil By-Law 023-24

A By-law of The Corporation of the Town of Innisfil to designate a certain property as being of historic, cultural and/or architectural value or interest, being Part North ½ Lot 16, Con. 3 Innisfil as in RO1101335, , and Part 1 on Plan 51R-44705 known municipally as 6225 Yonge Street, Town of Innisfil, County of Simcoe.

Whereas pursuant to Part IV, Section 29 of the Ontario Heritage Act, the Council of a municipality is authorized to enact by-laws to designate real property including the buildings and structures thereon to be of historic, architectural, cultural heritage and value or interest; and

Whereas the Council of The Corporation of the Town of Innisfil has been requested to designate the Georgian residence at 6225 Yonge Street, Town of Innisfil, County of Simcoe as delineated as Part 1 on Reference Plan 51R-44705 as being of cultural heritage value or interest; and

Whereas notice of intention to designate 6225 Yonge Street has been served on the Property Owner and the Ontario Heritage Trust and such notice of intention has been publicized in a newspaper having a general circulation in the municipality; and

Whereas the Statement of Cultural Heritage Value or Interest and the Description of Heritage Attributes are set out in Schedule “B” attached hereto and forming part of this by-law.

Now Therefore the Council of The Corporation of the Town of Innisfil enacts as follows:

That the following real property more particularly described in Schedule “A”, attached hereto and forming part of this by-law is hereby designated as being of historic and/or architectural value or interest:

6225 Yonge Street Town of Innisfil County of Simcoe

That the Town is hereby authorized to cause a copy of this by-law to be registered against the property designated in Schedule “A”, attached hereto in the Property Land Registry Office.

Passed this ___ day of _______ 2024.

Lynn Dollin, Mayor

Patty Thoma, Clerk

Schedule “A” To By-Law 023-24

The property at 6225 Yonge Street, delineated as Part 1 on Reference Plan 51R-44705, is located in the Town of Innisfil, County of Simcoe, under the following property description:

P.I.N. 58057-0010 (LT)

Part North ½ Lot 16, Con. 3 Innisfil as in RO1101335, and Part 1 on Plan 51R-44705;

Town of Innisfil, County of Simcoe

Schedule “B” To By-Law 023-24

Reason for Designation – Statement of Cultural Value

The cultural heritage value and interest of the 6225 Yonge Street (i.e., the Rosebank / Montclair Farm) is tied to the design and physical value related to the Georgian residence on site, and the property’s historical associations with Boyes family who were early settlers to the area, and the Sinclair family. Both families were prominent and leading members of the Churchill community and maintained farming operations on site for over a century (almost two).

Design and Physical Value

The design and physical value of the property is associated with the residence on site, ostensibly constructed in the late 1830s after Richard Boyes acquired the property in 1838, which is representative of the Georgian architectural style featuring some Neoclassical influences. It features a two-storey façade (now coated in green, beige stucco) with an "L-shaped" footprint, complemented by a one-storey garage/summer kitchen addition to the north. The exterior design reflects classical proportion and order, characterized by symmetrical arrangements, a partially hipped roof, and minimal ornamentation. Notable classical elements include a cupola on the garage/summer kitchen addition, shutters, and a decorative brick chimney. The façade facing Yonge Street has a portico and centrally located entrance, while the south façade features symmetry, a prominent portico, decorative columns, and a half-and-half door with a transom. The overall layout aligns with Georgian stylistic norms and is an early example of this architectural style within the Churchill community. The historically significant garage/summer kitchen addition also offers potential insight into 18th- and 19th-century domestic practices for families with greater means.

Historical Value

The property and specifically the residence at 6225 Yonge Street holds associative value, linked to the early agricultural history and community of Churchill. The site is connected to the Boyes family, pioneers and early settlers, and the Sinclair family. These families, influential members of the Churchill community, maintained farming operations on the property for nearly two centuries. The Boyes and Sinclair families were farmers, church leaders, and supporters of curling, an important community sport, especially in its early years.

Richard (Sr.) and John (Sr.) Boyes were leaders in the Churchill Presbyterian Church (now United), contributing to the congregation's growth. The Boyes named the farm "Rosebank Farm". Richard donated land for the church's manse, and Robert Boyes placed the bell on the new church in 1885, highlighting the family's impact on the local religious landscape. Mrs. Annie Boyes, wife of Robert Boyes Jr., gained recognition in Simcoe County for her role in establishing the Simcoe County Museum.

The Sinclair family acquired the farm after the Boyes and renamed it "Montclair Farm", conducting repairs and renovations to the farmhouse. Robert Sinclair, a supporter of the Churchill Curling Club, annually donated a trophy for sportsmanship. Under his son Keith's management, the farm specialized in sheep and hosted tours for Large Flock Operators of Ontario, sheep associations, and 4-H Clubs. The Sinclair family's connection to the property solidified their legacy as contributors to the Churchill community. Their dedication to farming, church leadership, and curling support emphasized the role families played in shaping the social and cultural identity of Churchill.

Description of Heritage Attributes (Georgian Residence)

The following heritage attributes contribute to the cultural heritage value of the property:

Architectural Style and Form:

The main residence and its symmetrical and balanced design, reflecting the Georgian architectural style with some and Neoclassical stylistic influences.
Two-storey height with a slight "L-shaped" footprint, with 1-storey garage/summer kitchen addition to the north.

General Exterior Features:

Cupola on the garage/summer kitchen addition, showcasing a square louvered base and a tall, pointed roof with curved slopes.
Classical embellishments such as roof and window surrounds, shutters, and a top-heavy decorative brick chimney.
Red brick structure hidden beneath stucco exterior, complemented by a dark brown shingled roof.
Partial hip roof.

Façade Details:

The portico and a centrally located entrance along the west (front) façade, facing Yonge Street.
The south façade which resembles a true front, displaying a high degree of symmetry with pronounced portico, decorative columns, and a half-and-half door featuring a transom.

Window Details:

Symmetrically arranged rectangular window openings, some which have mild bow arches.
General balanced arrangement of windows, framed by shutters.

Additional Structural Features:

The garage / summer kitchen addition, reflecting historical domestic practices, providing insights into 18th and 19th-century living.

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