Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 27, 2023
CASE NO.: OLT-22-003582 (PL200154)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2462529 Ontario Inc.
Subject: Application to amend Zoning By-law No. 7625 - Refusal or neglect of the City of Toronto to make a decision
Existing Zoning: RD
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit the construction of seven 3-storey townhomes
Property Address/Description: 16 Kirtling Place
Municipality: City of Toronto
Municipality File No.: 19 244284 NNY 15 OZ
OLT Case No.: OLT-22-003582
Legacy Case No.: PL200154
LPAT Case Name: 2462529 Ontario Inc. v Toronto (City)
BEFORE:
SHARYN VINCENT VICE-CHAIR
Thursday, 27th day of July, 2023
THESE MATTERS having come on for a public hearing on February 22, 2021, and the Tribunal in its Decision issued March 18, 2021 (Decision) having withheld its Final Order pending confirmation certain conditions be satisfied;
AND THE TRIBUNAL having been advised by the parties that the Zoning By-law and Zoning By-law Amendments conform to the Town’s stylistic norms;
THE TRIBUNAL ORDERS that the Zoning By-law amendment attached as Schedule 1 is approved and By-law 569-2013 is amended accordingly.
“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.
Authority: Ontario Land Tribunal Decision issued on March 18. 2021 and Ontario Land Tribunal Order issued on [date] in Tribunal File PL200154
CITY OF TORONTO
BY-LAW [clerks to insert By-law number]-[Clerks to enter year]
To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2022 as 16 Kirtling Place
Whereas the Ontario Land Tribunal, in its Decision issued on March 18. 2021 and its Order issued on [date], in file PL200154, in hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, ordered the amendment of Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2022 as 16 Kirtling Place; ands
The Ontario Land Tribunal, by Order, amends By-law 569-2013 as follows:
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 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 from a zone label of RD (f21.0; a975) (x70) to a zone label of RT (x302) as shown on Diagram 2 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding Article 900.5.10. Exception Number 302 so that it reads:
(302) Exception RT 302
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 16 Kirtling Place if the requirements of By-law [Clerks to insert By-law ##] are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (O) below:
(B) The permitted maximum number of dwelling units in a townhouse on the lot is 7;
(C) For the purpose of this regulation, established grade is the Canadian Geodetic Datum of 163.175 metres;
(D) Despite Regulation 5.10.30.20(1), the front lot line is the lot line abutting Kirtling Place;
(E) Despite Clause 10.5.40.60, the following building elements, structures and projections are permitted to encroach into the required minimum building setbacks as shown on Diagram 3 of [Clerks to insert By-law ##], as follows:
(i) Excavated and unexcavated porches and decks shall be permitted to project into the required rear yard to a maximum of 2.50 metres from the rear main wall for townhouse dwelling units 1 to 3, and 3.0 metres from the rear main wall for townhouse dwelling units 4 to 7;
(ii) Excavated and unexcavated porches and exterior stairs shall be permitted to project into the required front yard to a maximum of 2.5 metres for unit 1, 3.5 metres for unit 2, 3.2 metres for unit 3, 2.1 metres for unit 4, 2.6 metres for units 5 to 6 and 2.4 metres for unit 7;
(iii) Exterior stairs shall be permitted to project into the required side yard to a maximum of 2.45 metres for unit 1 and 2.7 metres for unit 7;
(iv) A pilaster, bay window, decorative column, cornice, sill, belt course or other similar architectural feature to a maximum extent of 1.0 metre;
(v) An ancillary building or structure with the maximum size of 1.1 metres in height x 1.2 metres in depth x 2.5 metres in width for waste receptacle;
(F) Despite Regulation 10.5.50.10(1)(D), a minimum of 55 percent of the required front yard landscaping must be soft landscaping;
(G) Despite Regulation 10.5.60.10(1), an ancillary building or structure with the maximum size of 1.1 metres in height x 1.2 metres in depth x 2.5 metres in width for waste receptacle use can be located in a front yard per dwelling unit in a townhouse;
(H) Despite Regulation 10.60.30.20(1)(B), the required minimum lot frontage is 5.7 metres for each dwelling unit in a townhouse;
(I) Despite Regulation 10.60.30.40(1)(A), the permitted maximum lot coverage, as a percentage of the lot area, is 49 percent;
(J) Despite Regulation 10.60.40.10(1)(A), the permitted maximum height of all buildings or structures on the lot are as shown in metres on Diagram 3 of By-law [Clerks to insert By-law ##];
(K) Despite Clause 10.60.40.70, the required minimum building setbacks are as shown in metres on Diagram 3 of By-law [Clerks to insert By-law ##];
(L) Despite Clause 10 60.40.80, the required distance between main walls of the same townhouse are as shown in metres on Diagram 3 of By-law [Clerks to insert By-law ##];
(M) Despite regulation 200.5.10.1(1) and Table 200.5.10.1, a minimum of two visitor parking spaces are required to be provided on the lot;
(N) Regulation 200.5.1.10(2)(A)(iv) requiring the minimum width of a parking space to be increased by 0.3 metres for each side of the parking space obstructed according to Regulation 200.5.1.10(2)(D), does not apply;
(O) Despite Regulation 200.15.10.10, accessible parking spaces are not required to be provided.
Prevailing By-laws and Prevailing Sections: (None Apply)
- Despite any severance, partition or division of the lands, the provisions of this By-law shall apply as if no severance, partition or division occurred.
Ontario Land Tribunal Decision issued on March 18. 2021 and Ontario Land Tribunal Order issued on [date] in Tribunal File PL200154.