The owners of a mansion in Toronto's Rosedale neighborhood have been instructed to dismantle a wall they constructed around their property, just one year after the city granted them a permit for the project. Michele and Matthew McGrath applied to the city's transportation department in July 2023 for an easement to build the wall and install security gates along the perimeter of their corner property at Glen Road and Whitney Avenue. However, the home is located in a designated heritage neighborhood, which imposes specific regulations on property alterations. Alan Preyra, a municipal law attorney, noted that the city’s approval process can be confusing. "The city is a hydra with many heads, and a lot of times those heads don't communicate with one another," he said. "It's very hard on citizens, especially when they follow the process as directed." The situation escalated when preservation planners discovered the wall's construction a month after the permit was issued. The couple is now seeking a court order to allow the wall to remain, as indicated in legal documents filed in August with the Superior Court of Justice. They are also requesting that the city cover their legal expenses, although specific amounts have not been disclosed. In their legal submission, the McGraths expressed that the city's late intervention has caused them significant distress. "The late-breaking change caused and continues to cause significant harm to McGrath," the documents state. They highlighted the substantial investment made in the landscaping project, which is nearly complete. Matthew McGrath described the ordeal as both upsetting and costly. "As you can appreciate, this matter has been extremely stressful for myself, my wife, and our family," he wrote in an email. "This was not a case of a homeowner making renovations in contravention or defiance of City by-laws or codes. It is the opposite. We do not believe that it is fair for the City to change positions so late in the process." The North Toronto Residents Association has declined to comment, and local councilor Dianne Saxe has not responded to inquiries. City staff have also refrained from commenting, citing the ongoing legal proceedings. During a recent city council meeting, the issue was discussed, but the outcome remains unclear due to the confidential nature of the legal documents involved. The couple's project was detailed in a letter from their lawyer, Rodney Gill, dated September 19. The McGraths reportedly visited 12 brick mason mills in the Toronto area to find bricks that matched the original wood-fired bricks of their home. They ultimately sourced the bricks from a kiln in Philadelphia, which was a more expensive option than local alternatives. In May 2024, the Toronto and East York Community Council, including Saxe, authorized transportation services to issue a permit to the couple, which was granted in the fall. Construction commenced in October 2024. However, city heritage planning staff visited the site the following month, prompting a stop-work order. By March, the city council had issued an order to remove the wall. The McGraths then applied for a heritage permit in July, arguing that the Ontario Heritage Act exempts landscaping projects from regulation in designated conservation districts. A Toronto Preservation Board hearing on their application was scheduled for September, attracting significant neighborhood attention. Many residents, including notable figures like figure skater Tessa Virtue and Toronto Maple Leafs player Morgan Rielly, submitted opinions to the city, both in support of and against the project. Ultimately, the permit application was denied, with the board stating that the wall "creates a physical and visual barrier an unacceptable impact on the park-like setting central to the North Rosedale Heritage Conservation District Plan." The couple's lawsuit is proceeding, but it remains uncertain when the case will next be heard in court.
Toronto Mansion Owners Ordered to Demolish Wall After Approval
Local News in Ontario6 hrs ago
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