Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
April 14, 2023
CASE NO(S).:
OLT-21-001800
(Formerly PL210291)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Gairloch Developments and 3200 Dundas Dev LP
Subject:
Application to amend Zoning By-law No. 438-86 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning:
Commercial Residential (CR 2.5 (c1.0; r2.0) SS2)
Proposed Zoning:
Site Specific (To be determined)
Purpose:
To permit a mixed-use building consisting of residential units and ground floor retail space.
Property Address/Description:
3194-3206 Dundas Street West
Municipality:
City of Toronto
Reference Number.:
20 123671 STE 04 OZ
OLT Case No.: Legacy Case No.: OLT Lead Case No.:
OLT-21-001800 PL210291 OLT-21-001800
Legacy Lead Case No.:
PL210291
OLT Case Name:
Gairloch Developments and 3200 Dundas Dev LP v. Toronto (City)
Heard:
March 21 – 23, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Gairloch Developments and 3200 Dundas Dev LP
Michael Foderick Daniel Angelucci
Mathias Scolozzi
Ian Flett
City of Toronto
Michael Mahoney
DECISION DELIVERED BY M.A. SILLS AND INTERIM ORDER OF THE TRIBUNAL
1The matter before the Tribunal is an appeal by Gairloch Developments and 3200 Dundas Dev LP (“Applicant/Appellant”) from the refusal or neglect by Council of the City of Toronto (“City”) to render a decision on an application to amend Zoning By-law No. 438-86 (the “ZBA”) as it pertains to the properties identified municipally as 3194, 3200 and 3206 Dundas Street West (the “subject properties”).
2Mathias Scolozzi is the owner/occupant of the adjacent property located at 3208 Dundas Street West (“Scolozzi Property”). Mr. Scolozzi has resided at his home since 2012, and is opposed to the development being proposed on the subject properties abutting his property. He was granted Party Status in this appeal at the first Case Management Conference “(“CMC”).
3The subject properties are currently developed as follows: 3194 Dundas Street West contains a 2-storey mixed-use building built out to all property lines, and currently maintains an animal hospital at grade with residential uses above; 3200 Dundas Street West is developed with a single-storey place of worship set back from the front property line with surface parking located at the rear; and 3206 Dundas Street West contains a 2-storey residential building built to the front property line, and has a detached garage setback 0.77 metres (“m”) from the west property line (collectively, the “Site”).
4The Site is located on an Avenue as identified on Map 2 (Urban Structures), and is designated Mixed Use Areas on Map 17 of the City Official Plan (“OP”). At the time the original application was filed with the City, the Site was zoned Mainstreets Commercial Residential (“MCR”) T2.5 C1.0. R2.0 by former City Zoning By-law No. 438-86, as amended. The MCR Zone category permitted a full range of residential uses and a wide range of non-residential uses, including retail stores, offices and restaurants, and permits a maximum height of 14 m, and a maximum gross floor area (“gfa”) of 2.5 times the area of the lot for a combination of residential and non