Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 22, 2024
CASE NO(S).: OLT-23-000946
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S. O. 2006, c. 11 Sched A.
Applicant/Appellant: Pleasant Condos GP Inc.
Subject: City of Toronto Site Plan Approval
Description: To permit an increase to the height of a residential tower
Reference Number: 21 201799 STE 12 SA
Property Address: 29, 31, 33 & 39 Pleasant Boulevard
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-23-000946
OLT Lead Case No: OLT-23-000946
OLT Case Name: Pleasant Condos GP Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER section 45(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Pleasant Condos GP Inc.
Subject: Minor Variance
Description: To permit an increase to the height of a residential tower
Reference Number: A0595/23TEY
Property Address: 29, 31, 33 & 39 Pleasant Boulevard
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-23-000971
OLT Lead Case No: OLT-23-000946
Heard: January 12, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Pleasant Condos GP Inc.
Natalie Ast Christopher Tanzola
City of Toronto
Cameron McKeich Kasia Czajkowski (in absentia)
40 Rosehill Avenue (Metropolitan Toronto Condominium Corporation No. 773)
Al Burton David Germain (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON JANUARY 12, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for the above-noted matter. Pleasant Condos GP Inc. (“Applicant/Appellant”) has filed appeals against the City of Toronto (“City”) pursuant to s. 114(15) City of Toronto Act and s. 45(12) of the Planning Act. The Subject Properties are known municipally as 29, 31, 33, 39 Pleasant Boulevard, in the City.
2The applications under appeal are to permit an increase to the height of a residential tower by altering the previously approved development standards as the result of an amended application that seeks to increase the height from 35 storeys to 40 storeys and a 1.1 metre increase in proposed podium height at the rear of the building.
3The Affidavit of Service on file was marked as Exhibit A.
PARTY/PARTICIPANT REQUESTS
4Appellant’s Counsel Ms. Ast, with the concurrence of City’s counsel Mr. McKeich, explained that the minor variance appeal will be dealt with first before the site plan appeal. Thus, the status requests will only relate to the minor variance appeal. One Participant status request to the minor variance appeal was received from Avoca Vale Residents’ Association. Its authorized representative is James Stephenson. The Tribunal granted the request as there were no objections from any Party.
5A Party status request by 40 Rosehill Avenue (MTCC No.773) to the minor variance appeal was granted by the Tribunal without objections and consented to. Parties will have no objections to MTCC No.773’s request for party status to the site plan appeal at some future date.
DRAFT PROCEDURAL ORDER
6Counsels requested another CMC date to submit the Draft Procedural Order and the Issues List.
7The Tribunal determined that it is appropriate for another CMC for the Parties to work on the hearing issues.
MEDIATION
8On the matter of mediation, counsel for the Parties hope to have private discussions and may be open to mediation.
DISPOSITION
9The Tribunal will schedule a CMC, for Parties to update the Tribunal on the status of discussions and the status of the appeals at the CMC.
10The Tribunal directs the Parties to submit a Draft Procedural Order with an attached Issues List to the Case Coordinator by Friday, March 1, 2024.
CASE MANAGEMENT
11A CMC is scheduled to commence on Friday, March 15, 2024, at 10 a.m. by Video Hearing.
12Parties are asked to log in to the Video Hearing at least 15 minutes before the start of the even to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/909787981
Access Code: 909-787-981
13Parties and Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting, or a web application is available: https://app.gotomeeting.com/home.html
14Persons who experience technical difficulties accessing the GoToMeeting application, or who only wish to listen to the event, can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9391 or (Toll Free) 1-888-455-1389 . The access code is the same as the access code noted above.
15Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
16THE TRIBUNAL ORDERS THAT:
a. the next Case Management Conference will commence at 10 a.m. by Video Hearing on Friday, March 15, 2024;
b. the Parties are to forward a Draft Procedural Order with the Issues List to the Case Coordinator on or before Friday, March 1, 2024;
c. the Parties shall be ready to finalize the Procedural Order at the next CMC;
d. Participant status is granted to Avoca Vale Residents’ Association to the minor variance appeal OLT-23-000971;
e. 40 Rosehill Avenue (Metropolitan Toronto Condominium Corporation No.773) is granted Party status to the minor variance appeal OLT-23-000971;
“T.F. Ng”
T.F. NG
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.