Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 02, 2022
CASE NO(S).: OLT-21-001666
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Cosburn Developments Limited
Subject: Application to amend Zoning By-law No. 6752 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: R3A
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a residential apartment building which steps up to a height of 15 storeys
Property Address/Description: 5-19 Cosburn Avenue and 8-40 Gowan Avenue
Municipality: City of Toronto
Municipality File No.: 20 232897 STE 14 OZ
OLT Case No.: OLT-21-001666
OLT File No.: OLT-21-001666
OLT Case Name: Cosburn Developments Limited v. Toronto (City)
Heard: February 18, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Cosburn Developments Limited | Zachary Fleisher |
| City of Toronto | Michael Mahoney/Jason Davidson |
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON FEBRUARY 18, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for this case.
2The purpose of the CMC was to receive status updates from both parties to organize the hearing of these appeals.
3An Affidavit of Service was received by the Tribunal.
OVERVIEW
4The subject lands are located at No. 5 to No. 19 Cosburn Avenue and No. 8 to No. 40 Gowan Avenue, which consist of an assembly of 12 lots currently developed with detached and semi-detached residential dwellings ranging in heights of 1 to 2 storeys.
5Surrounding buildings range in heights from 12 to 22 storeys. A Site Plan application has not been submitted.
6No final planning report has yet been submitted from City staff.
DEVELOPMENT PROPOSAL
Zoning By-law Amendment
7The zoning by-law amendment application seeks a rezoning of By-law No. 6752 to permit a residential apartment building which steps up to a height of 15 storeys with a GFA of 25,950 square metres and consisting of 316 residential units.
NATURE OF THE APPEALS
8The Appellant has filed appeals under s. 34(11) of the Planning Act for failure of the Town to make a decision within the timeframes specified in these respective subsections of the Planning Act.
9Mr. Fleischer has, on consent, submitted a draft Procedural Order to the Tribunal.
10The Tribunal received a Party Status Request from Mr. Samuel Tisi. At the CMC, Mr. Tisi did not appear before the Tribunal. Accordingly, the Tribunal could not grant Mr. Tisi Party Status.
11The Tribunal has directed Mr. Mahoney to submit to the Tribunal the City’s Issues List no later than Tuesday, May 31, 2022.
12The Tribunal hereby schedules a Video Conference Hearing of these appeals on Monday, October 24, 2022, commencing at 10 a.m. Five (5) days has been set aside.
13Parties 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://meet.goto.com/687587165
Access code: 687-587-165
14Parties 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
15Persons 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 or Toll Free 1-888-299-1889. The access code is 687-587-165.
16Individuals 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.
17No further notice will be given
18The Member is not seized.
19So Orders the Tribunal.
“Carmine Tucci”
CARMINE TUCCI
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.