Local Planning Appeal Tribunal

Tribunal d’appel de l’aménagement local

ISSUE DATE: June 02, 2021

CASE NO(S).: PL200216

The Ontario Municipal Board (the “OMB”) is continued under the name Local Planning Appeal Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or Board in any publication of the Tribunal is deemed to be a reference to the Tribunal.

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Vitmont Holdings (Vic Park) Inc.

Subject: Application to amend Zoning By-law No. No. 7625. - Refusal or neglect of the City of Toronto to make a decision

Existing Zoning: Local Shopping Centre (C2)

Proposed Zoning: Site Specific (To be determined)

Purpose: To permit the development of a nine storey (27 metre) mixed-use building

Property Address/Description: 1460 Victoria Park Avenue

Municipality: City of Toronto

Municipality File No.: 17 277574 NNY 34 OZ

LPAT Case No.: PL200216

LPAT File No.: PL200216

LPAT Case Name: Vitmont Holdings (Vic Park) Inc. v Toronto (City)

Heard: May 25, 2021 by Video Hearing (“VH”)

APPEARANCES:

Parties	Counsel/Representative*
Vitmont Holdings (Vic Park) Inc. (“Applicant”)	G. Borean
City of Toronto (“City”)	D. Elmadany/A. Hill
Betty Petropoulos	Did not appear

MEMORANUM OF ORAL DECISION DELIVERED BY BLAIR S. TAYLOR ON MAY 25, 2021 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Tribunal held a second Case Management Conference (“CMC”) with regard to an appeal concerning a development proposal for a 9 storey and 106 unit residential apartment building at 1460 Victoria Park Avenue (“Subject Lands”).

2At the first CMC, the Tribunal had been advised that the matter was scheduled for the City Council agenda on May 5 and 6, 2021, and that a second CMC was required to finalize a Procedural Order (“PO”) and Issues List.

3At the CMC, the Tribunal dealt with a request to be removed from party status, reviewed a draft PO, provided directions for some revisions, and set a date for a 9 day hearing to commence on January 10, 2022, all for the reasons set out below.

DECISION

4Shortly before the commencement of the second CMC, the Tribunal received an e mail request from Betty Petropoulos to be removed as a party (Exhibit 1). The Tribunal granted that request.

5Also, shortly before the commencement of the second CMC, the parties had provided a draft PO and Issues List which envisaged inter alia a 10 day hearing by appearance.

6The draft PO came on consent, and Mr. Borean asked for a 10 day hearing as soon as possible and hopefully in the fall of 2021.

7Counsel for the City recommended a hearing in February or March of 2022.

8The Tribunal, on the consent of the parties, set a 9 day hearing to commence on January 10, 2022 at 10 am by VH. (The Tribunal notes that it will not sit on Monday January 17, 2022).

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/843834365

Access code: 843-834-365

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: +1 (647) 497-9373. The access code is 843-834-365.

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.

13The Tribunal noted that at this time hearings by appearance were not being set due to Covid-19.

14Additionally, the Tribunal directed some refinements to the draft PO, to inter alia: reflect the withdrawal of Ms. Petropoulos, that paragraph 16 be amended to 65 days notice to the Tribunal for any hearing days to be released, and that the first sentence of paragraph 21 would be amended to add after the words “as soon as possible”, the phrase: “…and at least 7 days…” (in advance of the Hearing).

15Mr. Borean was tasked to coordinate the refinement of the draft PO and with the consent of the City forward it to the Case Coordinator on or before May 28, 2021, for consideration by the Tribunal.

16There will be no further notice.

17I am not seized.

18Scheduling permitting, I may be available for case management purposes.

19This is the Order of the Tribunal.

“Blair S. Taylor”

BLAIR S. TAYLOR MEMBER

If there is an attachment referred to in this document, please visit www.olt.gov.on.ca to view the attachment in PDF format.

Local Planning Appeal Tribunal A constituent tribunal of Ontario Land Tribunals Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248