Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 21, 2024
CASE NO(S).: OLT-23-001303
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A
Applicant/Appellant: Bluffers Park Residences GP Inc.
Subject: Site Plan
Description: To increase the maximum total gross floor area from 33,000 square metres to 35,000 square metres to permit additional dwelling units.
Reference Number: 22 140193 ESC 20 SA
Property Address: 2746 & 2800 Kingston Road
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-23-001303
OLT Lead Case No.: OLT-23-001303
OLT Case Name: Bluffers Park Residences GP Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Bluffers Park Residences GP Inc.
Subject: Minor Variance
Description: To increase the permitted gross floor area and reduce the number of required parking spaces.
Reference Number: A0220/23SC
Property Address: 2746 and 2800 Kingston Road (CON B PT LOT 24)
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-23-001277
OLT Lead Case No.: OLT-23-001303
Heard: March 5, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Bluffers Park Residences GP Inc.
City of Toronto
M. Lakatos-Heyward
D. Bronskill (in absentia)
M. Mahoney
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON MARCH 5, 2024 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) in the matter of an Appeal by Bluffers Park Residences GP Inc. (“Appellant”) arising from the failure of the City of Toronto (“City”) to make a decision on the requested Zoning By-law Amendment (“ZBA”) and Site Plan Control (“SPA”) application, pursuant to s. 34(11) of the Planning Act (“Act”) and s. 114(15) of the City of Toronto Act, and the decision by the Committee of Adjustment (“COA”) to refuse a Minor Variance (“MV”) application, pursuant to s. 45(12) of the Act.
2The Appellant is seeking approval for an increase in Gross Floor Area (“GFA”) from 33,000 square metres (“m2”) to 35,000 m2 to permit additional dwelling units on the lands municipally known as 2746 and 2800 Kingston Road (“subject property / site”).
3The Tribunal marked the Affidavit of Service of the Notice of Hearing as Exhibit 1 for both of the Appeals.
4There were no status requests filed for these proceedings.
MEDIATION
5The Tribunal canvassed the Parties as to whether they had engaged in discussions to resolve any of the issues in the appeal and whether they would be interested in Tribunal-led mediation. Counsel indicated that they are encouraged by the ongoing dialogue. Should the Parties reach a point where mediation could be of assistance, they may request a mediation assessment through the assigned Case Coordinator.
HEARING, PROCEDURAL ORDER AND ISSUES
6Given that there are only the two statutory Parties involved in these appeals and ongoing discussions to resolve their issues are continuing, the Tribunal finds that a Procedural Order is not required.
7Counsel has agreed that if a settlement is reached, they will contact the Tribunal to schedule a one-day Hearing.
8Parties are to provide a status update to the Tribunal within six months’ time.
9This Member is not seized.
10There will be no further notice.
“P. Tomilin”
P. Tomilin
MEMBER
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.