Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 11, 2021
CASE NO(S).: PL190559
The Ontario Municipal Board (the “OMB”) and the Local Planning Appeal Tribunal (the “LPAT”) is continued under the name Ontario Land Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or Board or Local Planning Appeal Tribunal in any publication of the Tribunal is deemed to be a reference to the Tribunal.[M1]
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Glenn Bridgmohan
Subject: Application to amend Zoning By-law No. 569-2013 – Refusal of Application by City of Toronto
Purpose: To permit a three-storey semi-detached building containing two dwellings
Property Address/Description: 1218 Royal York Road
Municipality: City of Toronto
Municipality File No.: 18 271115 WET 02 OZ
LPAT Case No.: PL190559
LPAT File No.: PL190559
LPAT Case Name: Bridgmohan v. Toronto (City)
BEFORE:
STEVEN COOKE MEMBER
Wednesday, the 11th day of August, 2021
WHEREAS Glenn Bridgmohan appealed the City of Toronto's refusal on its application to amend City of Toronto Zoning By-law 569-2013 (the "Zoning By-law");
AND WHEREAS this matter having come for a public hearing on October 6, 2020;
AND THE TRIBUNAL having issued its Decision in this matter on January 25, 2021 (the "Decision") in respect of the property known municipally as 1218 Royal York Rd, City of Toronto (the "Property");
AND THE TRIBUNAL having allowed the appeal, in part, and approved the Zoning By-law amendment required to permit the proposed redevelopment of the Subject Property;
AND THE TRIBUNAL having received a request from the municipality and the Applicant/Appellant for approval of the Zoning By-law instrument as identified in Schedule 1 to this Order;
NOW THEREFORE THE TRIBUNAL ORDERS, in accordance with the Decision, that:
a) The appeals are allowed, in part;
b) The municipal clerk is authorized to assign a number to the By-law for record keeping purposes; and
c) The City of Toronto By-law 569-2013 is hereby amended in the form attached hereto as Attachment 1.
“Becky Fong”
BECKY FONG REGISTRAR
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.
SCHEDULE 1
ZONING BY-LAW AMENDMENT TO BY-LAW NO. 569-2013 OF THE CITY OF TORONTO
Authority: Ontario Land Tribunal Decision issued on January 15, 2021 in Board File No. PL190559
CITY OF TORONTO
Bill
BY-LAW No. XXXX- 2021 (OLT)
To amend the Zoning By-law 569-2013 of the City of Toronto, as amended, with respect to the lands municipally known in the year 2020 as 1218 Royal York Road.
Whereas the Ontario Land Tribunal by its decision issued on January 25, 2021 has approved a Zoning By-law amendment to amend the City of Toronto Zoning By-law 569-2013, as amended, with respect to lands municipally known as 1218 Royal York Road; and
Whereas the Ontario Land Tribunal has the authority pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P. 13, as amended, to pass this By-law; and
Whereas the Local Planning Appeal Tribunal is continued under the name the Ontario Land Tribunal; and
Pursuant to the decision of the Ontario Land Tribunal, Zoning By-law 569-2013, as amended, is further amended as follows:
The lands subject to this By-law are outlined by heavy black lines on Diagram 1 attached to this By-law.
The words highlighted in bold type in this By-law have the meaning provided in Zoning By-law 569-2013, Chapter 800 Definitions.
Zoning By-law 569-2013, as amended, is further amended by amending the zone label on the Zoning By-law Map in Section 990.1 respecting the lands outlined by heavy black lines to RS[f 17.00, a990 (x37)] as shown on Diagram 2 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding Article 900.4.10 by adding Exception Number XXX so that it reads:
Exception 37
Site Specific Provisions:
The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
A. Despite Regulation 10.40.30.40(1), the permitted maximum lot coverage is 26 percent.
B. Despite Regulation 10.40.40.10(1), the permitted maximum number of storeys is 3.
C. Despite Regulation 10.40.40.10(2)(B)(ii), the permitted maximum height of all the side exterior main walls is 9.54 metres.
D. Despite Regulation 10.40.40.20(1), the permitted maximum building length is 19.7 metres.
E. Despite Regulation 10.40.40.30(1), the permitted maximum building depth is 20 metres.
F. Despite Regulation 10.40.40.40(1), the maximum permitted gross floor area is 660 square metres, and if a semi-detached house is on two lots, the permitted maximum gross floor area for each lot is 50 percent of the permitted maximum gross floor area.
G. Despite Regulation 10.40.40.50.(2)(A), the maximum number of platforms located on the rear side of the dwelling unit is 2.
H. Despite Regulation 10.40.40.50.(2)(B), the maximum permitted area of each platform is:
i. 5.2 square metres for a platform located at the second storey; and
ii. 13.47 square metres for a platform located at the third storey.
I. Despite Regulation 10.40.40.50.(2)(C), a platform at the rear of the dwelling unit must be a minimum of 1.63 metres from the common wall dividing the dwelling units.
J. Despite Clause 10.40.70, the required minimum building setbacks are shown on Diagram 3 attached to this by-law [clerks to insert].
K. Despite Regulation 10.40.40.10(1) the permitted maximum height is as shown in metres, following the letters HT on Diagram 3 attached to this by-law [clerks to insert].
- Prevailing By-laws and Prevailing Sections: (None Apply)
The Ontario Land Tribunal Decision issued on January 25, 2021 in Board File No. PL190559
[M1]This needs to be included only in decisions/orders for Planning Matters with a case number of PL180263 or earlier or MM180037 or earlier or DC180009 or earlier. These are files that were received under OMB