Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 30, 2022
CASE NO(S).: OLT-22-001924
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Novi Properties Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit an infill development consisting of a 14-storey purpose built rental and a 10-storey residential condominium
Reference Number: 20 230695 NNY 17 OZ
Property Address: 10 Ruddington Drive
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-001924
OLT Lead Case No.: OLT-22-001924
OLT Case Name: Novi Properties Inc. v. Toronto (City)
Heard: July 11, 2022, by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Novi Properties Inc. | Daniel Artenosi, Rowan Barron (Student-at-law) |
| City of Toronto | Kasia Czajkowski |
MEMORANDUM OF ORAL DECISION DELIVERED BY M.A. SILLS ON JULY 11, 2022 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) in the matter of the appeal by Novi Properties Inc. (the “Applicant/Appellant”) from the refusal or neglect of the City of Toronto to approve an application to amend Zoning By-law No. 7625 (“ZBA”) as it pertains the property located at 10 Ruddington Drive (the “subject property”/“Site”).
2The subject property has an area of approximately 14,380 square meters (“sq m”) and is located on the east side of Bayview Avenue, north of Finch Avenue East on Ruddington Drive. The Site has approximately 72.2 metres (“m”) frontage on Bayview Avenue and approximately 264.7 m on Ruddington Drive. There are two existing vehicular accesses to the Site from Ruddington Drive. The subject lands are approximately 2.31 kilometres from the Finch Avenue subway station, and Toronto Transit Commission bus stops are located on both sides of Bayview Avenue within the vicinity of the Site. A hydro corridor abuts the Site along the northerly property line.
3The Site is currently developed with a 13-storey apartment building, 35.7 m in height and containing 155 rental units, which will be maintained. The Applicant is proposing to further develop the Site with a 14-storey (182 units) rental apartment building 45.7 m in height, and a 10-storey (127 units) condominium building 36.2 m in height.
4The proposal will have a gross floor area of 41,480 sq m and result in a density of 2.88 times the lot area. The proposal includes a 651 sq m on-site park adjacent to the hydro corridor and will provide vehicular parking spaces in two underground levels and 28 bicycle parking spaces on the ground level.
5The Tribunal received a single Participant Status Request Form that was represented by Beryl Hong Wang at the CMC. Without objection, Participant status was granted. No other request forms were submitted.
6The parties advised the Tribunal they have been involved in discussions and jointly consent to engage in Tribunal-led mediation. In that regard, the parties were directed to contact the Case Coordinator having carriage of this file for information and scheduling purposes.
7At the request of the parties, a second CMC is scheduled on Monday, March 6, 2023 commencing at 10 a.m. by video hearing.
8Parties 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/709076365
Access Code: 709-076-365
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: 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: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as 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 video hearing 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.
12In the event the mediation results in a settlement, the parties are to inform the Tribunal at the earliest possible opportunity to arrange for the scheduling of a settlement hearing. If a resolution is not obtained, a Draft Procedural Order is to be submitted to the Case Coordinator by no later than 10 days in advance of the next CMC.
13No further notice will be provided.
14This Member is not seized.
“M.A. Sills”
m.a. sills
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.