Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 22, 2024

CASE NO(S).: OLT-24-000400

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Sherbourne Community Clinic Inc.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: ZBA - Amend ZBA application to permit construction of 42-storey mixed use building

Reference Number: 21 235163 STE 13 OZ

Property Address: 410 Sherbourne Street

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-24-000400

OLT Lead Case No.: OLT-24-000400

OLT Case Name: Sherbourne Community Clinic Inc. v. Toronto (City)

Heard: September 10, 2024, by video hearing

APPEARANCES:

Parties

Counsel

Sherbourne Community Clinic Inc. (“Applicant”)

Michael Cara Daniel Teichman (Articling Student)

City of Toronto (“City”)

Jyoti Zuidema Adam Ward (in-absentia)

The Salvation Army in Canada

Joseph Deborno

Toronto Catholic District School Board

Jesse White

MEMORANDUM OF ORAL DECISION DELIVERED BY Nehad Allam AND ERIC S. CROWE ON September 10, 2024 AND interim ORDER OF THE TRIBUNAL

Link to the Order

INTRODUCTION

1The Applicant seeks to develop a site municipally known as 410 Sherbourne Street in the City of Toronto (“Subject Property”) to construct a 42 storey, mixed-use building development. To this end, on November 5, 2021 the Applicant submitted a Draft Plan of Condominium (“DPC”).

2On April 10, 2021, a proposed revision of the application was resubmitted to comply with the City’s requested amendments to include additional information requested by the City’s Planning Department. On December 13, 2021, the application to amend the City’s Zoning By-law (“ZBA”) and Site Plan Application (“SPA”) were submitted.

3The Appeals were brought pursuant to sections 22(7) and 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended (“Act”), due to the City’s refusal of the ZBA after public hearings and in council meetings.

Reasons for Appeal

4The Applicant submitted the Application to the City on November 12, 2021 and the Application was deemed complete by the City on December 13, 2021. The most recent submission of plans and drawings was made on July 14, 2023.

5Planning staff issued a Decision Report, dated October 25, 2023, recommending approval of the ZBA application, with recommendations to amend Zoning By-law No. 569-2013 for the lands of 410 Sherborn Street substantially in accordance with the draft Zoning By-law amended.

6It has been more than 60 days since the Application was filed with the City and more than 60 days since the most recent submission of plans and drawings for this proposal. The Owner is therefore exercising its rights of appeal to the Tribunal pursuant to Section 114(15) of the City of Toronto Act on the basis of City Council’s refusal or neglect to make a decision within 60 days of the submission of such plans and drawings.

7On September 23, 2022, the Tribunal held its first Case Management Conference (“CMC”) in regard of this matter to organize the appeal, address status requests and establish next steps in this proceeding.

8A second CMC was held on, February 27, 2023, to receive status updates from both parties to organize the hearing for the appeals.

9It was decided to handle the SPA in a separate appeal of the Site Plan application OLT-24-000092, pending approval of the ZBA.

Main Points of Discussion

10Disposition of this matter has come before the Tribunal as a