John Gladki

The applicant appealed the City of Toronto's failure to make a decision on a Zoning By-law Amendment application to permit a 49-storey residential development with retail at-grade on a site containing an existing 30-storey rental apartment building.

The City opposed the development, arguing the height and massing were inappropriate and the unit mix did not meet guidelines.

The Tribunal allowed the appeal, finding that the proposed infill development promotes efficient use of land, is transit-supportive, accommodates an appropriate mix of uses, and conforms to the Official Plan, Growth Plan, and Provincial Policy Statement.

The Tribunal accepted the applicant's expert evidence that the height and podium design would not have unacceptable adverse impacts and that the unit mix provided functional family-sized units.

The applicant appealed the City's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 13-storey mixed-use building.

The subject site is located at the corner of Davenport Road and Bedford Road, with portions designated as Mixed Use Areas and Neighbourhoods.

The Tribunal found that the revised proposal, characterized as a 'tall mid-rise' or 'hybrid' building, represents good planning and urban design.

It is consistent with the Provincial Policy Statement, conforms to the Growth Plan, and conforms to the City's Official Plan and Downtown Plan.

The Tribunal preferred the evidence of the applicant's experts, concluding that the proposal provides an appropriate transition to the adjacent low-rise neighbourhood and optimizes the use of lands near transit.

The appeal was allowed in part, with the final order withheld pending the satisfaction of City conditions.