Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 12, 2022
CASE NO.: OLT-22-002609, OLT-22-002960
PROCEEDING COMMENCED UNDER section 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Yolanda Flanders Developments Inc. 2242148 Ontario Ltd.
Subject: Zoning By-law
Description: Proposing to enact amendments to the City of Toronto Zoning By-law 569-2013 to update parking standards for automobiles and bicycles.
Reference Number: BL 89-2022
Property Address: City Wide
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-002609
OLT Lead Case No: OLT-22-002609
OLT Case Name: Yolanda Flanders Developments Inc. 2242148 Ontario Ltd. v. Toronto (City)
PROCEEDING COMMENCED UNDER section 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Yolanda Flanders Developments Inc. 2242148 Ontario Ltd.
Subject: Zoning By-law
Description: To correct the Parking Zone Overlay Map included in By-Law 89-2022
Reference Number: BL 125-2022
Property Address: City Wide
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-002960
OLT Lead Case No: OLT-22-002960
OLT Case Name: Yolanda Flanders Developments Inc. 2242148 Ontario Ltd. v. Toronto (City)
BEFORE:
M. ARPINO
MEMBER
Wednesday, the 21st day of September, 2022
WHEREAS THIS MATTER was scheduled for a hearing on September 21, 2022;
AND WHEREAS the City of Toronto (the “City”) enacted By-law 89-2022 to amend Zoning By-law 569-2013, as amended, on February 3, 2022, in order to update parking standards for automobiles;
AND WHEREAS the City enacted By-law 125-2022 to amend By-law 89-2022, on February 17, 2022 (collectively referred to as the “By-laws”);
AND WHEREAS Yolanda Flanders Inc. and 2242148 Ontario Limited (the “Appellant”) have filed an appeal to each of the By-laws (the “Appeal”);
AND WHEREAS the Appellant and the City (the “Parties”) are the only parties to the Appeal;
AND WHEREAS the Parties have agreed to scope the Appeal as outlined below;
THE TRIBUNAL ORDERS that in accordance with subsection 34(31) of the Planning Act, R.S.O. 1990, c. P.13, as amended:
- By-law 89-2022 and By-law 125-2022 as set out in Attachment “A” and Attachment “B” respectively, shall be deemed to have come into force on the day each By-law was passed, for all areas of the City outlined in section 41 of By-law 89-2022 as amended by section 1 of By-law 125-2022, save and except for the lands municipally known as 51 Drewry Avenue and 8-28 Inez Court in the City, which lands are further described in Attachment “C” to this Order (the “Subject Lands”).
AND THE TRIBUNAL FURTHER ORDERS that:
- This Order and the approval of the By-laws in accordance with paragraph 1 herein is without prejudice to the disposition of the Appeal with respect to the Subject Lands and without prejudice to the Appellant to seek such minor variance from or amendments to the regulatory instruments attached to the OLT Order issued on June 29, 2022 in Case No. OLT-22-003271 or to appeal any future amendments to the By-laws brought into force by this Order should said amendments potentially affect the Subject Lands.
AND THE TRIBUNAL FURTHER ORDERS that:
- Substantive consideration of the Appeal shall be deferred for two years from the date this Order is issued, without prejudice to the Appellant’s rights to request a further adjournment, and without prejudice to the City's rights to oppose any such request.
“Euken Lui”
EUKEN LUI
ACTING 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.