Developer in crosshairs after tearing down one of Queen West's oldest heritage buildings

One of Queen Street West's oldest shops has been demolished despite its designation in 2007 as a protected heritage building.

On Monday, the City of Toronto slapped a stop-work order on construction at the building at 520 Queen St. W., built in the 1850s. But it's unclear what the city intends to do next about the unauthorized demolition.

And history buffs worry it's too little, too late.

The original structure was substantially demolished during the May 24 long weekend, according to local historian Adam Wynne, who's been following the situation on behalf of the volunteer group Friends of Alexandra Park. Already, it's been replaced with a new brick-and-steel building that appears to be about two storeys tall so far.

"It's very frustrating" Wynne said. "This is part of the Queen Street West heritage conservation district. We have so few of these early, pre-Confederation buildings in this area that have survived.

"It is a bit heartbreaking to see it lost."

The two storey, wood plank building pre-dated even some of brick Victorian era buildings that line the iconic Queen West neighbourhood.  

City staff and historians say it's quite rare for a developer to demolish a heritage building. And while it's not yet clear what the city's next steps could be, the Ontario Heritage Act allows for million-dollar fines, according to city staff.

Owner denies building has heritage designation

The owner of the property, Mike Ahmadi, who bought the property two years ago for more than $6 million, denies the building has heritage designation, which would protect it  from demolition and even major renovation without permission from the city's heritage planners.

"It was built with wood over top of dirt," he told CBC Toronto. "I can show you how, over the... years (since) it was built, everything's rotten."

"It's a heritage district," he said, "but the building's not designated....the structure was very dangerous."

He said his own engineer and heritage consultant advised him it was okay to tear down the original walls.

But according to city records, council voted to designate 520 Queen St. W. a heritage site in July, 2007.

The Heritage Act is a provincial statute but it's enforced by municipalities, according to Will Coukell, of the Architectural Conservancy of Ontario. It will be up to local officials to decide whether to charge Ahmadi with violating the Heritage Act, and so far, city staff say, no decision has been made.

But Coukell and others say it's rare for developers to completely disregard a building's heritage designation and raze it.

"The unlawful demolition of a designated building is extremely rare and the City has only been involved in a handful of cases over the past few decades," the city said in an email. 

One of the 1st buildings on Queen West stretch

The building, in what's now known as the Alexandra Park neighbourhood, was one of the first buildings ever erected on the stretch of Queen West, said Wynne.

"When it was built, the surrounding area was largely undeveloped fields and forests," Wynne wrote in an email to CBC Toronto. It was owned by a succession of businesses and used, over the decades, as a gunsmith's shop, a hatmaker's shop, a dry goods store, and, most recently was home to the tattoo parlour FY Ink.

Lee Baxter, who owns the tattoo parlour, said he was sad to have to leave the premises.

"My whole life was built here," Baxter said. "I stood on this corner for 11 years; I got it tattooed on my stomach."

Baxter said that the new owner of the property, Ahmadi, took over last year and allowed him to continue to operate on the premises while minor alterations were being done.

• Councillor, residents frustrated at demolition of 110-year-old building

But last November, after a visit from a city building inspector, he said he was told by the city he would have to leave because the structure was becoming unsafe.

According to city records, it was at this time that Ahmadi was ordered to "remedy an unsafe condition" at the building, which was completed by March 16.

In January, the city gave Ahmadi permission, it says, "to underpin the basement, demolish a rear addition and construct a new rear basement walk-out."

Rehabilitation became demolition, says historian

Then, in March, a new building permit was issued to Ahmadi, city staff said in an email, "for interior alterations, which included underpinning and demolition of the damaged rear addition."

That's where problems began, according to Wynne and others who followed the project closely.

They maintain the building's rehabilitation morphed into a full-blown demolition.

And here's what the city said it noticed, during a staff visit last month:

"During an inspection on May 23, 2023, inspection staff noted work had extended beyond the scope of the issued permit. As such, an order was issued on May 24, 2023. A stop-work order was issued on June 19, 2023, as compliance with the issued order had not been obtained."

As for the city's next steps, it says "staff are reviewing what breaches to the Ontario Heritage Act have taken place and also looking into contraventions of the Building Code Act."

Wynne said he believes the city could order the owner to rebuild the structure "in a historically accurate way."

Much of the original timber, dark brown with age, now sits stacked behind the new cinder block-and-steel structure that's being erected on the lot.

Ahmadi told CBC Toronto he'd like a youth shelter to take over the building.

But if not, he said, it might be appropriate for a grocery store or a dollar store.