Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
December 30, 2021
CASE NO(S).:
PL210215
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
York-Kirtling Inc.
Subject:
Application to amend Zoning By-law No. 7625, as amended, of the former City of North York, and Zoning By-law No. 569-2013 of the City of Toronto - Neglect of the City of Toronto to make a decision
Existing Zoning:
“One-Family Detached Third Density Zone (R3)” under Zoning By-law No. 7625, as amended, of the former City of North York, and “RD (f21.0; a1375)” under Zoning By-law No. 569-2013 of the City of Toronto
Proposed Zoning:
To be determined
Purpose:
To permit a three-storey residential addition containing four units, and incorporating and converting the existing heritage building into a three-bedroom dwelling into the proposed development
Property Address/Description:
2 Valleyanna Drive
Municipality:
City of Toronto
Municipality File No.:
20 151274 NNY 15 OZ
OLT Case No.:
PL210215
OLT File No.:
PL210215
OLT Case Name:
York-Kirtling Inc. v. Toronto (City)
Heard:
December 17, 2021 by Video Hearing
APPEARANCES:
Parties
Counsel
York-Kirtling Inc.
Michael Cara
Valleyanna Residents’ Association
Michael Melling
City of Toronto
Joanna Wice and Uttra Gautam
DECISION DELIVERED BY N.P. ROBINSON AND ORDER OF THE TRIBUNAL
OVERVIEW
1The within matter involves an application for a zoning by-law amendment by York-Kirtling Inc. (“Applicant”) to maintain certain existing historic structures and to introduce a three-storey (9.6 metre) residential addition.
2The parties in the within matter were subject to prior case management and undertook extensive mediation in an attempt to resolve the matters before the Tribunal.
3Those mediation efforts were unsuccessful in resolving all matters before the Tribunal and the Tribunal was provided with a draft Procedural Order (“PO”) for consideration.
4The Tribunal was informed that a further related appeal was possible on or before December 31, 2021 and that the PO might need to be further modified in order to account for that appeal.
5The Tribunal was informed that the evidence and issues in the further appeal would mirror those in the extant matter and, thus, would not have a significant impact on the time or evidentiary requirements of the hearing.
6The parties jointly requested that dates be set for a hearing in order to expedite the matter and agreed to file a final PO with the Tribunal on or before Friday, January 14, 2022.
7The Tribunal finds this approach to be expeditious given that there is agreement on all elements of the draft PO and minor revisions may be necessary subject to the further appeal being contemplated by the Applicant.
8The 10-day hearing is scheduled to proceed by video on Monday, July 11, 2022 at 10 a.m.
9Parties 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/749384677
Access code: 749-384-677
10Parties 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
11Persons 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: (Toll Free) 1 (888)-455-1389 or +1 (647) 497-9391. The access code is 749-384-677.
12Individuals 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.
ORDER
13THE TRIBUNAL ORDERS that the parties file a final Procedural Order with the Tribunal on or before Friday, January 14, 2022.
14THE TRIBUNAL ORDERS that the matter be set for a hearing from July 11, 2022 to July 22, 2022.
“N.P. Robinson”
N.P. ROBINSON
MEMBER
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.