Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 20, 2022
CASE NO(S).: MM180029
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A
Subject: Site Plan
Referred by: Gerard Borean
Property Address/Description: 3418 Lakeshore Boulevard West and 0 Skeens Lane
Municipality: City of Toronto
OLT Case No.: MM180029
OLT File No.: MM180029
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Romas Kartavicius
Subject: Minor Variance
Variance from By-law No.: 1997-77
Property Address/Description: 0 Skeens Lane
Municipality: City of Toronto
Municipal File No.: A0252/20EYK
OLT Case No.: MM180029
OLT File No.: PL210019
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Eden Oak (Lakeshore) Inc.
Subject: Minor Variance
Variance from By-law No.: 1997-77
Property Address/Description: 3418 Lakeshore Boulevard West and 0 Skeens Lane
Municipality: City of Toronto
Municipal File No.: A0142/17EYK
OLT Case No.: MM180029
OLT File No.: PL180643
Heard: January 11, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Eden Oak (Lakeshore) Inc.
Gerard Borean
City of Toronto
Alexander Suriano
Memorandum of oral DECISION DELIVERED BY sharyn vincent on January 11, 2022 AND ORDER OF THE TRIBUNAL
1The proceeding was the first case management hearing event to consider the appeal by Eden Oak (Lakeshore) Inc (“Eden Oak”) against the refusal by the Committee of Adjustment for permissions to create and use off-site, accessory, surface parking in conjunction with a proposed mixed use 30 unit building at 3418 Lakeshore Boulevard East.
2The appeal arises subsequent to the 2019 decision by the Tribunal (PL180643) which approved variances related to a settlement in principle, to permit a 30-unit mixed use building, subject to conditions and the finalization of the related site plan approval. The Parties are requesting that this new variance appeal be consolidated with the finalization of the site plan approval which remains before the Tribunal.
3Eden Oak now seeks to provide nine additional accessory parking spaces on lands located and accessed by Skeens Lane, the publicly owned portion of which runs parallel and to the north of Lakeshore Boulevard West.
4The City appeared in support of the refusal by the Committee of Adjustment, taking the position that the lands where the nine spaces are proposed is designated Neighbourhood, whereas the proposed development site, which is separated from the lands subject of the variance appeal by the public lane, is designated Mixed Use.
5It is the position of the City, that absent an official plan amendment, the proposed accessory parking spaces are not permitted.
6Seven requests for participant status, and five letters of opposition were filed with the Tribunal from neighbours, opposing the creation of the parking. All submissions expressed the common concern as owners of properties fronting onto a leg of Skeens Lane, which runs north/south mid block between Twenty Ninth and Thirtieth Streets. Twenty eight households constitute a homeowners association which is responsible for all maintenance and associated costs of their use and enjoyment of Skeens Lane.
7Participant status was granted to Daniel Berhe, Teresa Costes, Andrew Kizas, Rui Pires and Louis Paolillo, Philip and Cynthia Stasinski, Shari Turpin, and the following five who had not filed the requisite request prior to the proceeding, but who share the concerns of their neighbours: G. Scott Murdoch, Vivian Niadiego, Alan Roy, Edith Volgyi, and Mary Yoannidis. Timothy Dobson had been granted participant status in the 2019 proceeding and will maintain that status.
8Counsel for the Parties advised that constructive discussions continue on the site plan matters and concur that consolidating the matters represents the most efficient use of the Tribunal’s resources and time.
9The Tribunal agrees and granted the request to consolidate.
10A further case management conference (“CMC”) was scheduled to allow the parties to continue to resolve their issues and more importantly, for Eden Oak, to address the concerns raised by the neighbours, now Participants in this consolidated matter.
ORDER
11THE TRIBUNAL ORDERS that PL210019 is consolidated with MM180029, and that the two matters will be subject of a status CMC scheduled on Monday, May 2, 2022 commencing at 10 a.m., at which time either a draft procedural order will be tendered by the Parties, or a settlement hearing date will be requested.
12Parties 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/540895501
Access Code: 540-895-501
13Parties and Participants are asked to set up the video hearing 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.
14Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889. The Access Code is indicated as above.
15Individuals 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.
16The Member is not seized but may be spoken to should any case management issues arise in the execution of this Order.
17No further notice is required.
“Sharyn Vincent”
sharyn vincent
VICE-CHAIR
Ontario Land Tribunal
Website: www.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.