Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 28, 2022
CASE NO(S).: OLT-22-002141 OLT-22-003090
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: MPI Sherbourne Inc. Subject: Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment Description: To permit a 10-storey student residence building Property Address: 294, 296, and 298 Sherbourne Street Municipality/UT: Toronto/Toronto OLT Case No.: OLT-22-002141 OLT Lead Case No.: OLT-22-002141 OLT Case Name: MPI Sherbourne Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: MPI Sherbourne Inc. Subject: Application to amend Zoning By-law No. 438-86 - Refusal or neglect of City of Toronto to make a decision Description: To permit a 10-storey student residence building Property Address: 294, 296, and 298 Sherbourne Street Municipality/UT: Toronto/Toronto Municipality File No.: 21 178622 STE 13 OZ OLT Case No.: OLT-22-002142 OLT Lead Case No.: OLT-22-002141
PROCEEDING COMMENCED UNDER subsection 42(6) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Appellant: MPI Sherbourne Inc. Subject: Appeal of refusal of Heritage Permit Application Property Address: 294, 296, and 298 Sherbourne Street Municipality: City of Toronto OLT Case No.: OLT-22-003090 OLT Lead Case No.: OLT-22-003090 OLT Case Name: MPI Sherbourne Inc. v. Toronto (City)
Heard: May 31, 2022 by video conference
APPEARANCES:
| Parties | Counsel |
|---|---|
| MPI Sherbourne Inc. | Meaghan Barrett and Eileen Costello (not in attendance) |
| City of Toronto | Daniel Elmadany and Colin Dougherty |
MEMORANDUM OF ORAL DISPOSITION DECISION DELIVERED BY SHARYN VINCENT ON MAY 31, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This proceeding was the first Case Management Conference (“CMC”) hearing event to consider the appeals brought by MPI Sherbourne Inc (“Applicant/Appellant) against City Council’s failure to make decisions within the specified statutory timeframe with respect to the Applicant’s applications to amend the Official Plan and Zoning By-law to permit the lands located at 294, 296 and 298 Sherbourne Street to be redeveloped to accommodate a ten storey student residence in the Garden District Conservation District (“Subject Property”).
2The appeals are filed pursuant to s. 22(7) and s. 34(11) of the Planning Act and 42(6) of the Ontario Heritage Act.
3One request for Participant Status was received from the Kennedy Residence (“Kennedy”) located immediately to the north, expressing concern about the potential shadowing impacts on 300 Sherbourne which currently has a resident population living with mental health issues who may be challenged or at a disadvantage should exposure to the sun become constrained, or should the new development result in annoyances such as increased traffic and garbage which could interfere with the enjoyment of the outdoor portion of the property at 300 Sherbourne.
4Participant Status was conferred on the Kennedys and the participants were directed to the traffic and shadow impact studies which have been posted online as required by the City.
5In light of the expressed concerns of the Kennedys, the parties undertook to revisit the Issues List before the Tribunal in draft form and to submit a revised Issues List and Procedural Order within 30 days of the CMC.
6The Parties agreed that a contested hearing of 15 days duration would be required to accommodate the spectrum of issues and associated witnesses expected.
7The Tribunal has scheduled a 15-day hearing to commence at 10 a.m. on Monday, September 18, 2023 by video conference.
GoTo Meeting: https://global.gotomeeting.com/join/709076365
Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1(888) 299-1889
Access Code: 709-076-365
8Parties 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:
9Parties 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 at: https://app.gotomeeting.com/home.html
10Persons 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. The access code is indicated above.
11Individuals 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 events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
12The Tribunal Orders the scheduling of a hearing commencing September 18, 2023 to consider the merits of the appeals.
13The Mmember is not seized but may be spoken to should any case management issues arise in the execution of this Order.
14No further Notice is required.
“Sharyn Vincent”
SHARYN VINCENT
VICE-CHAIR
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.