A London builder, stymied by a city committee’s refusal to allow him to tear down King Street buildings to make way for a highrise, may look to build the tower behind the structures that date to 1877.

That option would leave the buildings from 179 to 183 King Street vacant, crumbling and likely boarded up.

“If you look at the site, you can build on a lot more of the land my client owns . . . and not do anything with that building,” said Alan Patton, a development lawyer representing Southside Group and its owner, Vito Frijia.

“The building can stay and it can stay vacant. It is structurally unsound.”

The residential tower would still be able to front on King Street and York Street as well, while the preserved buildings, considered one structure by the developer and the city, will remain, albeit in run-down condition, Patton said.

But that did not sit well with deputy mayor Paul Hubert, who sits on the planning committee.

“I am not sure that is a practical idea. Mr. Frijia will do what he can to attract people to what he can build there. I am not sure that will work.”

He was pushing Frijia to restore the buildings and incorporate them into the highrise design, hoping Frijia would “show us something spectacular, show how you can integrate this.”

That site is highly valued, near a proposed rapid transit corridor and the new campus for Fanshawe College in the former Kingsmill’s store on Dundas Street.

A zoning bylaw change was before the committee that gave the buildings additional heritage designation. But that only pertains to the front third of the buildings, fronting on King Street.

The committee backed the staff recommendation that has to be approved by city council.

Southside Construction also has appealed to the Ontario Municipal Board an earlier city decision to not issue a demolition permit for those buildings.

If Frijia wins, the buildings will come down, making way for the highrise.

“It is before the board and that remains a tool for my client,” ­Patton said.

But if the buildings stay, “the balance of the land he owns is a parking lot and ideally suited for an increase in height and density comparable to the rest of ­downtown.”

The criticism of Frijia and Southside grew sharp at times as he has not yet come forward with a building proposal, and asked that the demolition issue be referred back to staff even though demolition was denied at a ­previous planning committee meeting.

“There is no goodwill on the part of the applicant,” Coun. Stephen Turner said.

Hubert, however, tried to offer an olive branch, proposing an amendment to the motion that would call for the owner and staff to meet to discuss options for the site, but that was voted down by the committee.

Frijia has ruled out refurbishing the historic properties, saying they are in very poor condition and it would be too costly.

“There is a portion that can proceed without this unfortunate impediment the committee is imposing,” Patton said.

“The balance of the land not affected by the heritage zoning can be developed and will be.”

But zoning on that land limits building to four storeys and the city will have to approve rezoning for the highrise Southside wants to build.

“We will want to increase the height and density consistent with the rest of downtown,” Patton said.

norman.debono@sunmedia.ca