Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 22, 2021
CASE NO(S).: PL210291
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Gairloch Developments and 3200 Dundas Dev LP
Subject: Application to amend Zoning By-law No. 438-86 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: Commercial Residential (CR 2.5 (c1.0; r2.0) SS2)
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a mixed-use building consisting of residential units and ground floor retail space.
Property Address/Description: 3194-3206 Dundas Street West
Municipality: City of Toronto
Municipality File No.: 20 123671 STE 04 OZ
OLT Case No.: PL210291
OLT File No.: PL210291
OLT Case Name: Gairloch Developments and 3200 Dundas Dev LP vs. Toronto (City)
Heard: October 19, 2021 by video hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Gairloch Developments and 3200 Dundas Dev LP | Michael Foderick* |
| City of Toronto | Michael Mahoney* |
| Michael Scolozzi | Self Represented |
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ON OCTOBER 19, 2021 AND ORDER OF THE TRIBUNAL
1These directions flow from the first Case Management Conference (“CMC”) conducted to consider appeals filed by Gairloch Developments and 3200 Dundas Dev LP (“Appellant”) against Council’s failure to make a decision within the prescribed statutory timeframe. The Appellant seeks to amend the zoning of properties known municipally as 3194-3206 Dundas Street West in order to permit the erection of a mixed use, eight storey, residential, commercial building. The properties are currently zoned MCR, permitting both the residential and ground floor retail uses proposed.
2The Affidavit of Service was marked as Exhibit 1, and Counsel for the Appellant advised that the Motion originally filed in pursuit of the scheduling of a hearing date, had been vacated by the Mover.
3Michael Scolozzi, owner of 3208 Dundas Street West, sought and was conferred Party status based on the undertaking that he would seek appropriate advice and representation in order to finalize his issues within 30 days of today’s hearing, or in the alternative advise the Tribunal if the request had been reconsidered.
4Counsel for both the Appellant and the City of Toronto agreed that a hearing of five (5) days would be sufficient to address the focused issues of land use planning and urban design, which were also noted recurring themes reflected in the 25 requests for Participant status received in response to the notice of the CMC. A draft Procedural Order and Issues List were proffered in support of the scheduling request.
5All requests for Participant status set out in Attachment 1 to this decision, were granted by the Tribunal.
6A five (5) day hearing commencing Monday, March 21, 2022 has been scheduled.
7Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/915757613
Access code: 915-757-613
8Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
9Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (647) 497-9391 or Toll Free 1-888-455-1389. The access code is 915-757-613.
10Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
7The Parties were directed to finalize the Procedural Order by no later than Friday, November 19, 2021, following which it will issue to all Parties and named Participants.
8No further notice is required and the Member is not seized other than to direct the issuance of the final Procedural Order or resolve any case management issues arising from efforts that will give effect to this decision.
ORDER
9Michael Scolozzi is granted Party Status.
10The Participants to the hearing are as set out in Attachment 1 to this decision.
11The final draft Procedural Order and Issues List are to be filed with the Tribunal no later than Friday, November 19, 2021.
“Sharyn Vincent”
SHARYN VINCENT
vice-chair
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 1
LIST OF PARTICIPANTS
Subramaniam Veeraraghavan
Gordon Reginald Hunt
Velvet Wilson
Alex Hagoriles
Vanessa Jung
Ryan Da Silva
Olga Evstifeeva
Jensen Lee
Junction Residents Association
Katherine Morley
Sharon Vella
Steven Hermans
Tereza Barta
Brad Gibson
Vesna Vojnic
Matt Farrier
Ainslie Lahey
Joe Stucky
Amelia Rosas
Sue Fleming
Matthew Logue
Kristine Sinclair
Marc Lafleur
Joseph Morrissey
Junction Historical Conservation District Association c/o Jim Baxter