Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

October 16, 2023

CASE NO(S).:

OLT-22-002465

(Formerly PL130592)

PROCCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant(s):

Multiple Appellants

Subject:

By-law No. 569-2013

Municipality:

City of Toronto

OLT Case No.:

OLT-22-002465

Legacy Case No.:

PL130592

OLT Lead Case No.:

OLT-22-002465

Legacy Lead Case No.:

PL130592

OLT Case Name:

Bahardoust v. Toronto (City)

Heard:

September 29, 2023 by Written Hearing

APPEARANCES:

Parties

Counsel

Concert Real Estate Corporation

Jamie Cole

City of Toronto

Marc Hardiejowski

Gabe Szobel

DECISION DELIVERED BY S. Dixon AND ORDER OF THE TRIBUNAL

Link to Final Order

1This Decision and Order arises from an appeal filed by Concert Real Estate Corporation (“Appellant”) pursuant to s. 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”), concerning the City of Toronto (“City”) comprehensive Zoning By-law No. 569-2013 (“ZBL 569”).

2At a Case Management Conference (“CMC”) held on June 20, 2023, the City advised the Tribunal that they had reached a settlement with the Appellant concerning Appeal No. 62 to ZBL 569 for the lands municipally known as 65-67 Shuter Street and 159-177 Church Street (“Subject Lands”) and requested a date to resolve the Appeal in writing.

3The Appellant is seeking to have site-specific exceptions of the former City By-law No. 452-2003 (“ZBL 452”) continue to apply to the Subject Lands under ZBL 569.

4In support of the Appellant’s request, the City filed a Motion Record with the Tribunal, dated September 12, 2023. The Motion Record is hereby marked as Exhibit 1.

5Exhibit 1 includes the sworn Affidavit of Jamie Atkinson, which details the specific modifications to ZBL 569 being requested. Mr. Atkinson is a Planner with the Zoning Section of the City Planning Division at the City and a Candidate Member of the Ontario Professional Planners Institute. He has been previously qualified by the Tribunal to provide expert opinion evidence on matters pertaining to land use planning and is hereby so qualified again.

6Mr. Atkinson proffers that Chapter 900 of ZBL 569 includes exceptions that provide alternative regulations in the form of site- or area-specific provisions, prevailing sections, and prevailing by-laws. Prevailing sections are typically subsections referenced from former municipal zoning by-laws. Prevailing by-laws may be amendments to former municipal zoning by-laws or ZBL 569. Prevailing sections and prevailing by-laws within a Chapter 900 exception govern over any inconsistent regulations found in ZBL 569.

7Mr. Atkinson proffers that the Appellant’s remaining concerns under Appeal No. 62 relate to the wording of the prevailing by-laws and prevailing sections of regulation 900.11.10(2556)(D) of ZBL 569 which, as adopted, does not include all of the addresses of the as-built development on the Subject Lands.

8In Mr. Atkinson’s opinion, a revision to regulation 900.11.10(2556)(D) to recognise site-specific ZBL 452 as a prevailing site-specific by-law on the Subject Lands (“Revision”) will more accurately maintain the intent of ZBL 569 to harmonise the former general zoning by-laws of the City. In his further opinion, the Revision represents good planning, providing the Appellant with zoning permissions reflective of ZBL 452 while providing clarity and simplicity to the zoning review and compliance process as it pertains to processing building permit applications.

FINDINGS

9Based on the uncontroverted Affidavit evidence of Mr. Atkinson, the Tribunal finds that the Revision satisfies all required statutory tests, represents good planning, and is in the public interest.

ORDER

10THE TRIBUNAL ORDERS that the appeal by Concert Real Estate Corporation is allowed in part and By-law No. 569-2013 of the City of Toronto is amended as follows:

a) By deleting existing regulation 900.11.10(2556) and replacing it with the language comprising regulation 900.11.10(2556) as set out in Schedule 1 to this Order, which is hereby approved.

“S. Dixon”

s. dixon

membeR

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.

Schedule 1

900.11.10(2556)

(2556) Exception CR 2556

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: (None Apply)

Prevailing By-laws and Prevailing Sections:

(A) Section 12(2) 132 of former City of Toronto By-law 438-86;

(B) Section 12(2) 259 of former City of Toronto By-law 438-86;

(C) Section 12(2) 260 of former City of Toronto By-law 438-86; and

(D) City of Toronto By-law 452-2003.