Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 2, 2023
CASE NO(S).: PL190536
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 41 Chatsworth GP Inc.
Subject: Request to amend the Official Plan - Failure of the City of Toronto to adopt the requested amendment
Existing Designation: Neighbourhoods
Proposed Designated: Neighbourhoods
Purpose: To permit a 4-storey condominium apartment building
Property Address/Description: 41 Chatsworth Drive
Municipality: City of Toronto
Approval Authority File No.: 17 277580 NNY 16 OZ
OLT Case No.: PL190536
OLT File No.: PL190536
OLT Case Name: 41 Chatsworth GP Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 41 Chatsworth GP Inc.
Subject: Application amend Zoning By-law No. 438-86 - Refusal of Application by the City of Toronto
Existing Zoning: R1 Z.035 and G
Proposed Zoning: Site Specific (To be Determined)
Purpose: To permit a 4-storey condominium apartment building
Property Address/Description: 41 Chatsworth Drive
Municipality: City of Toronto
Municipality File No.: 17 277580 NNY 16 OZ
OLT Case No.: PL190536
OLT File No.: PL190537
BEFORE:
M. A. SILLS VICE-CHAIR
Tuesday, the 3rd day of October, 2023
THESE MATTER having come on for a public hearing on October 6, 2020 at the Local Planning Appeal Tribunal as it was then(the “Tribunal”), and the Tribunal having determined that the appeal under subsection 34(11) of the Planning Act (the “Zoning Appeal”) bearing case number PL190537 should be allowed, in part, and that the proposed Zoning By-Law amendment was approved in principle, and the final Order on the Zoning Appeal was withheld until the Tribunal was advised by the parties that several conditions had been satisfied;
AND The Parties confirming to the Tribunal that the conditions for the final Order have been satisfied;
THE TRIBUNAL ORDERS that the Zoning Appeal is allowed 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 “1” to this Order. The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number to this by-law for record keeping purposes.
“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 andcontinued as the Ontario Land Tribunal.
ATTACHMENT 1 ZONING BY-LAW AMENDMENT
Authority: Local Planning Appeal Tribunal Decision issued on October 20, 2020 and Ontario Land Tribunal Order issued on [date] in Tribunal File PL190536
CITY OF TORONTO BY-LAW -2023 (OLT)
To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2022 as 33 Chatsworth Drive (formerly 41 Chatsworth Drive).
Whereas the Local Planning Appeal Tribunal, in its Decision issued on October 20, 2020 and the Ontario Land Tribunal, in its Order issued on [date], in file PL190536, 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 2022 as 33 Chatsworth Drive (formerly 41 Chatsworth Drive); 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;
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 (f12.0; d0.35)(x1411) and ON to a zone label of R (f7.5; d0.6; u30)(x163), ON, and ON(x28) as shown on Diagram 2 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding Article 900.2.10 Exception Number 163 so that it reads:
(163) Exception R 163
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 33 Chatsworth Drive (formerly 41 Chatsworth Drive), 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 (R) below:
(B) For the purposes of this By-law, established grade is 166.14 metres above sea level;
(C) Despite the permitted uses listed in Article 10.10.20.10, the only uses permitted are: dwelling unit in a building type permitted by Clause 10.10.20.40;
(D) Despite Regulation 10.10.40.10(1), the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 3 of By-law [Clerks to insert By-law ##];
(E) Despite (D) above and Regulations 10.5.40.10(2), (3) and (4), and Regulations 10.10.40.10(8) and (9), the following equipment and structures may project beyond the permitted maximum height shown on Diagram 3 of By-law [Clerks to insert By-law ##]:
(i) equipment used for the functional operation of the building including electrical, utility, mechanical and ventilation equipment, enclosed stairwells, roof access, maintenance equipment storage, elevator shafts and overruns, chimneys, and vents, by a maximum of 4.0 metres;
(ii) structures that enclose, screen or cover the equipment, structures and parts of a building listed in (i) above, by a maximum of 4.0 metres;
(iii) architectural features, lighting fixtures, parapets, and elements and structures associated with a green roof, by a maximum of 1.0 metres;
(iv) building maintenance units and window washing equipment, by a maximum of 3.0 metres;
(v) planters, landscaping features, guard rails, and divider screens on a balcony and/or terrace, by a maximum of 2.0 metres;
(vi) trellises, pergolas, awnings, and unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 2.0 metres; and
(vii) canopies, lighting fixtures and balustrades, by a maximum of 1.8 metres;
(F) Regulations 10.5.50.10(4) and (5), with respect to landscaping and soft landscaping requirements for an apartment building, do not apply;
(G) Despite Regulation 10.5.100.1(4)(B), a driveway may have a maximum width of 6.5 metres;
(H) Despite Regulation 10.10.40.40(1), the permitted maximum gross floor area of all buildings and structures on the lot is 7,900 square metres;
(I) Despite Regulation 10.10.40.50(1)(A) and (B), a building must provide amenity space at a minimum rate of 4.0 square metres for each dwelling unit, of which:
(i) at least 2.0 square metres for each dwelling unit is indoor amenity space;
(ii) at least 2.0 square metres for each dwelling unit is outdoor amenity space; and
(iii) outdoor amenity space required by (I)(ii) is not required to be in a location adjoining or directly accessible to indoor amenity space;
(J) Despite Regulation 10.5.40.70(1) and Clause 10.10.40.70, the required minimum building setbacks are as shown in metres on Diagram 3 of By-law [Clerks to insert By-law ##];
(K) Despite Clause 10.5.40.60 and (J) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:
(i) decks, porches, terraces and balconies, guard rails, and divider screens on a balcony and/or terrace by a maximum of 0.6 metres;
(ii) canopies and awnings, by a maximum of 2.0 metres;
(iii) exterior stairs, access ramps and elevating devices, by a maximum of 4.5 metres;
(iv) cladding added to the exterior surface of the main wall of a building, by a maximum of 0.25 metres;
(v) architectural features, such as a pilaster, decorative column, cornice, sill, belt course, or chimney breast, by a maximum of 0.6 metres;
(vi) window projections, including bay windows and box windows, by a maximum of 0.6 metres;
(vii) eaves, by a maximum of 0.6 metres;
(viii) air conditioners, satellite dishes, and antennae, by a maximum of 1.0 metres; and
(ix) landscaping features, lighting fixtures, balustrades, vents, shafts, transformers, pipes, or site servicing features by a maximum of 1.0 metres;
(L) Regulation 10.10.40.30(1), with respect to the permitted maximum building depth for an apartment building, does not apply;
(M) Regulation 10.10.40.80(1), with respect to the distance between main walls of the same apartment building, does not apply;
(N) Despite Regulation 200.5.1.10(3)(A), a maximum of six parking spaces may have a maximum length of 11.2 metres;
(O) Despite Regulation 200.5.1.10(2)(A)(iv) and (D), a maximum of 4 parking spaces must have a minimum width of 2.6 metres and may be obstructed on one or two sides, as described in Regulation 200.5.1.10(2)(D) provided that the parking spaces are in addition to the required parking spaces;
(P) Despite Regulation 200.15.1(4), accessible parking spaces must be located within 30 metres of a barrier free entrance or vestibule which leads to a barrier- free passenger elevator that provides access to the first storey of the building;
(Q) Regulations 5.10.40.40.(1), 5.10.40.1(3), 5.10.40.70(6), and 5.10.40.80(1) with respect to restrictions below a shoreline hazard limit or stable top-of-bank, do not apply; and
(R) The permitted maximum number of dwelling units is 30.
Prevailing By-laws and Prevailing Sections: (None Apply)
- Zoning By-law 569-2013, as amended, is further amended by adding Article 900.41.10 Exception Number 28 so that it reads:
(28) Exception ON 28
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) Buildings or structures are not permitted.
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.
None of the provisions of By-law 569-2013, as amended, apply to prevent a temporary sales office on the portion of the lot located in the R zone, exclusively for the initial sale and/or initial leasing of dwelling units proposed on the same lot, for up to three years from the date this By-law comes into full force and effect.
Local Planning Appeal Tribunal Decision issued on October 20, 2020 and Ontario Land Tribunal Order issued on [date] in Tribunal File PL190536.
Diagram 1
Diagram 2
Diagram 3