Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 8, 2022
CASE NO.: OLT-22-002927 (formerly PL190438)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: 2515496 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the redevelopment of four 3-storey townhouse units
Reference Number: 18 161483 STE 22 OZ
Property Address: 206 Russell Hill Road
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-002927
Legacy Case No: PL190438
OLT Lead Case No: OLT-22-002927
Legacy Lead Case No: PL190438
OLT Case Name: 2515496 Ontario Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER section 114(15) of the City of Toronto Act, 2006 S.O. 2006, c. 11, as amended.
Subject: Site Plan
Description: To permit the redevelopment of four 3-storey townhouse units
Reference Number: 18 161486 STE 22 SA
Property Address: 206 Russell Hill Road
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-002928
Legacy Case No: PL190439
OLT Lead Case No: OLT-22-002927
Legacy Lead Case No: PL190438
PROCEEDING COMMENCED UNDER section 34.1(1) of the Ontario Heritage Act, R.S.O. 1990, c. O.19.
Description: Appeal of the Decision of Council on an application to demolish or remove a building or structure
Property Address: 206 Russell Hill Road
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-002929
Legacy Case No: MM200002
OLT Lead Case No: OLT-22-002927
Legacy Lead Case No: PL190438
BEFORE:
CARMINE TUCCI
Monday, the 8th
MEMBER
day of August, 2022
THIS MATTER having come on for a public hearing July 6, 2021 and the Ontario Land Tribunal (the “Tribunal”) in its Decision on March 7, 2022 having determined that the appeals under 34(11) of the Planning Act (the “Appeals”) should be allowed, in part, and that the proposed zoning by-law amendments should be approved, in principle, with the final Order withheld pending the Tribunal being advised by the City Solicitor that certain conditions have been met:
THE TRIBUNAL HAVING BEEN ADVISED that these above-noted matters have been completed to the satisfaction of the City of Toronto prior to the issuance of a final Order regarding the Appeals have been satisfied;
AND THE TRIBUNAL is satisfied that its direction as set out in the Decision have been met;
THE TRIBUNAL ORDERS that the Appeals are allowed, in part, and that the Zoning By-law No. 438-86 of the former City of Toronto, as amended, is hereby amended in the manner set out in Attachment “1” to this Order and that Zoning By-law No. 569-2013 of the City of Toronto, as amended, is hereby amended in the manner set out in Attachment “2” to this Order. The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number to these by-laws for record keeping purposes.
“Euken Lui”
EUKEN LUI
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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
ATTACHMENT 1
ZONING BY-LAW AMENDMENT TO
BY-LAW NO. 438-86 OF THE FORMER CITY OF TORONTO
Authority: Ontario Land Tribunal Decision issued on March 7, 2022 and Order issued on August 8, 2022 in File PL190438
CITY OF TORONTO
BY-LAW XXXX-2022(OLT)
To amend the former City of Toronto By-law 438-86, as amended, with respect to the lands municipally known in the year 2021 as 206 Russell Hill Road.
Whereas the Ontario Land Tribunal, in its Decision issued on March 7, 2022 and its Order issued on August 8, 2022, in file PL190438, in hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P13, as amended, ordered the amendment of former City of Toronto Zoning By-law 438-86, as amended, with respect to the lands municipally known in the year 2021 as 206 Russell Hill Road; and
The Ontario Land Tribunal Orders:
Map 50J-322 of the Former City of Toronto by-law 438-86, as amended are hereby amended in accordance with Map 1;
Section 12(1) of By-law 438-86, as amended of the Former City of Toronto is amended by adding the following Subsection:
(xxx). None of the provisions of Section 2 with respect to the definition of “grade”, “height”, “lot”, “row house”, Section 4(2), Section 6(3) PART I , 6(3) PART II , 6(3) PART III, and 6(3) Part IV of By-Law No. 438-86 of the former City of Toronto, being “A By-law to regulate the use of land and the erection, use, bulk, height, spacing of land and other matters relating to buildings and structures in various areas of the City of Toronto”, as amended, shall apply to prevent the erection and use of the lands known municipally as 206 Russell Hill Road for row houses and accessory uses thereto, provided:
(A) The lot consists of the lands delineated by heavy lines on Map 1 attached hereto;
(B) The residential gross floor area erected on the lands shown on Map 2 does not exceed 1,664 square metres;
(C) No portion of any building or structure shall extend beyond the solid and dashed lines delineating the building envelope on Map 2 attached hereto;
(D) The height of any building or structure, or portion thereof, does not exceed a maximum height on Map 2, attached hereto;
(E) Despite (C) and (D) above, the following building elements, structures and projections are permitted to exceed the maximum heights and beyond the heavy lines referred to herein:
(i) Architectural features, awnings, balconies, bicycle racks, bollards, canopies, chimneys, cornices, columns, eaves, elevator enclosures and overruns, fences, guardrails, landscape features, lighting fixtures, mechanical penthouses, monitor wells, ornamental elements, parapets, patios, pipes, planters, platforms, privacy screens, railings, retaining walls, roof fascias, screens, soffits, stacks, stairs, stair enclosures, terraces, trellises, underground garage ramps and their associated structures, vents, walkways, wheel chair ramps, wind protection, window sills, and window washing equipment;
(F) A minimum landscaped open space on the lot shall be no less than 450 square metres.
For the purposes of this By-law, the terms set forth in italics shall have the same meaning as such terms have for the purposes of By-law No. 438-86, as amended, except that the following definitions shall apply:
(A) Grade means 147.00 metres Canadian Geodetic Datum;
(B) Gross Floor Area shall mean the sum of the total area of each floor level of a building, above and below the ground, measured from the exterior main wall of each floor level, exclusive of any areas in a building or structure used for:
(i) Parking, loading and bicycle parking below ground;
(ii) Loading spaces at grade and bicycle parking spaces at or above ground;
(iii) Storage rooms, washrooms, electrical, utility, mechanical and ventilation rooms below ground;
(iv) Shower and change facilities required by this By-law for required bicycle parking spaces;
(v) Residential amenity space required by this By-law;
(vi) Elevator shafts;
(vii) Garbage shafts;
(viii) Mechanical penthouse; and
(ix) Exit stairwells in the building.
(C) Height means the vertical distance between grade and the highest point of the roof, building or structure, exclusive of any elements described in 2(e)(i) herein;
(D) Lot means those lands outlined on Map 1 attached hereto;
(E) Row house means one of a series of more than two attached buildings:
(i) each building comprising one dwelling unit; and
(ii) each building divided vertically from the other by a party wall.
Notwithstanding any severance, division, or conveyance of the lot subject to the exception, the regulations of this exception shall continue to apply to the whole of the lot.
Ontario Land Tribunal Decision issued on March 7, 2022 and Ontario Land Tribunal Order issued on August 8, 2022 in File PL190438.
ATTACHMENT 2
ZONING BY-LAW AMENDMENT TO BY-LAW NO. 569-2013 OF THE CITY OF TORONTO
Authority: Ontario Land Tribunal Decision issued on March 7, 2022 and Order issued on August 8, 2022 in File PL190438
CITY OF TORONTO
BY-LAW XXXX-2022(OLT)
To amend the City of Toronto By-law 569-2013, as amended, with respect to the lands municipally known in the year 2021 as 206 Russell Hill Road.
Whereas the Ontario Land Tribunal, in its Decision issued on March 7, 2022 and its Order issued on August 8, 2022, in file PL190438, in hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P13, as amended, ordered the amendment of Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2021 as 206 Russell Hill Road; and
Whereas pursuant to Section 39 of the Planning Act, as amended, a by-law passed under Section 34 of the Planning Act, may authorize the temporary use of land, buildings or structures for any purpose set out therein that is otherwise prohibited in the by-law; and
Whereas the Ontario Land Tribunal, by its Decisions issued on March 7, 2022 and Order issued on August 8, 2022, determined to amend Zoning By-law 569-2013, as amended, with respect to lands known municipally as 206 Russell Hill Road;
The Ontario Land Tribunal Orders:
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 same 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 990.10 respecting the lands outlined by heavy black lines to a zone label as shown on Diagram 2 attached to this By-law as follows:
RT (f15.0; d0.35) (x355); and
ON.
Zoning By-law 569-2013, as amended, is further amended by adding Exception Number 355 to Article 900.5.10 so that it reads:
(355) Exception RT 355
The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
Site Specific Provisions:
(A) On 206 Russell Hill Road, if the requirements of By-law [Clerks to supply by-law ##] are complied with, a building or structure may be constructed, used or enlarged in compliance with (B) through (H) below;
Despite Regulation 10.60.40.10(1)(A), the permitted maximum height of a building or structure is the number following the "HT" symbol in metres as shown on Diagram 3 of By-law [Clerks to supply By-law ##];
Despite Regulations 10.5.40.10(2)(3) and (4) and (B) above, the following elements, structures and projections are permitted to project above the permitted maximum height as shown on Diagram 3 of By-law [Clerks to supply By-law ##] as follows:
Architectural features, awnings, bollards, canopies, chimneys, cornices, columns, lighting fixtures, monitor wells, ornamental elements, parapets, pipes, stacks, vents, wheelchair ramps, and window sills to a maximum of 1.2 metres; and
Elevator enclosures and overruns, fences, guardrails, mechanical penthouses and other equipment, planters, privacy screens, railings, retaining walls, screens, stair enclosures, trellises, wind projections, window washing equipment to a maximum of 2.0 metres;
Despite Regulation 10.60.40.40(1)(A), the permitted maximum gross floor area of all buildings and structures on the lands is 1,664 square metres;
Despite Clauses 10.5.40.70, 10.60.40.70 and 10.60.40.80, the required minimum building setbacks and minimum required above-ground separation distance between main walls are as shown in metres on Diagram 3 of By-law [Clerks to supply By-law ##];
Despite Clause 10.5.40.60 and Regulation (E) above, the following building elements, structures and projections are permitted to encroach into the required minimum building setbacks as shown on Diagram 3 of By-law [Clerks to supply By-law ##], as follows:
(i) Architectural features, antennae, bay windows, belt courses, box windows, chimneys, chimney breasts, cornices, columns, dormers, eaves, lighting fixtures, ornamental elements, parapets, pipes, sills, satellite dish, vents, and utility equipment to a maximum extent of 0.75 metres;
Retaining walls, stairs, and stair enclosures to a maximum extent of 2.7 metres on the south side yard only; and
Platforms, balconies, terraces, canopies and awnings and their associated structures to a maximum extent of 2.3 metres in the south side yard only; and
Platforms, balconies, terraces, canopies and awnings and their associated structures to a maximum extent of 1.2 metres in the north side yard only;
Despite Regulation 10.5.50.10(1)(D), a minimum of 70% of the required front yard landscaping must be soft landscaping; and
For the purpose of this exception, established grade is the Canadian geodetic elevation of 147.00 metres.
Prevailing By-laws and Prevailing Sections: (None Apply).
Despite any severance, partition or division of the lands, the provisions of this By-law will apply as if no severance, partition or division occurred.
Pursuant to Section 39(1) of the Planning Act, none of the provisions of By-law 569-2013, as amended, apply to prevent the erection and use of a retail store for the purpose of selling or leasing dwelling units on the lot in the RT Zone to which this By-law applies. Section 6 of this By-law shall expire on August 8, 2025.
Ontario Land Tribunal Decision issued on March 7, 2022 and Ontario Land Tribunal Order issued on August 8, 2022 in File PL190438.