Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 14, 2024
CASE NO(S).: OLT-24-000170
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: 28556973 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision.
Description: To permit the development of eighteen (18) townhouse units.
Reference Number: 22 162536 WET 02 OZ
Property Address: 417 and 419 Burnhamthorpe Road
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-24-000170
OLT Lead Case No: OLT-23-000170
OLT Case Name: 2856973 Ontario Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S. O. 2006, c. 11 Sched A.
Applicant/Appellant: 28556973 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision.
Description: To permit the development of eighteen (18) townhouse units.
Reference Number: 22 162536 WET 02 OZ
Property Address: 417 and 419 Burnhamthorpe Road
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-24-000171
OLT Lead Case No: OLT-23-000170
OLT Case Name: 2856973 Ontario Inc. v. Toronto (City)
Heard: June 10, 2024 by Video Hearing
APPEARANCES:
Parties 2856973 Ontario Inc.
Counsel Andrew Jeanrie
City of Toronto Derin Abimbola Adam Ward
MEMORANDUM OF ORAL DECISION DELIVERED BY MICHAEL MENEZES AND W. DANIEL BEST ON JUNE 10, 2024 AND ORDER OF THE TRIBUNAL
1The Tribunal convened a first Case Management Conference (“CMC”) for the above noted matter. 2856973 Ontario Inc. (“Appellant”) has an Appeal against the City of Toronto (“City”) for failing to make a decision within statutory timeframes for a Zoning By-law Amendment (“ZBA”) under s. 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended (“Act”) and for approving plans or drawings for a site plan control area under s. 114(15) of the City of Toronto Act, 2006, S. O. 2006, c. 11 Sched A (“COTA”).
2The Subject Lands are comprised of two properties municipally addressed as 417 and 419 Burnhamthorpe Road. The Subject Lands have an area of approximately 0.1962 hectares (“ha”), with a frontage of approximately 32.29 metres (“m”) along Burnhamthorpe Road. The Subject Lands are currently occupied by two one-storey single detached residential dwellings. The proposed development seeks to permit the redevelopment of the Subject Lands with 18 back-to-back townhouses having a maximum heights 12m, a total Gross Floor Area of 2,978 square metres (“m2”), and a density of 1.5 times the lot area, with a total of 41 vehicular parking spaces.
3The Affidavit of Service sworn on May 23, 2024, meets the requirements of the Tribunal and is marked as Exhibit 1. No further notice will be required.
4There were no requests for Party Status.
5Two requests for Participant Status were received by Mr. Pawel Popowicz and Ms. Natalia Werhun-Popowicz, neighbours adjacent to the Subject Lands. The request from Mr. Popowicz is marked as Exhibit 2, and from Ms. Werhun-Popowicz as Exhibit 3. There were no objections from the Parties to the requests for Participant status. The Tribunal finds that the requests are reasonable and appropriate given the proposed development concerns related to intensification, massing, and incompatibility to neighbourhood character. Accordingly, Participant status is granted to Mr. Popowicz and Ms. Werhun-Popowicz.
6The Parties have requested Tribunal-led mediation.
7The Tribunal determined that no further hearing date be set as the Parties wish to proceed with Tribunal-led mediation. Should the need arise, the Parties may follow up with the Case Coordinator to set a future hearing date.
8The Tribunal thanked the Parties for their assistance and collaborative efforts on this matter.
ORDER
9THE TRIBUNAL ORDERS the directions contained in this Decision.
10The Panel is not seized but may be contacted through the Case Coordinator if there are any issues with respect to the implementation of this Order.
“Michael Menezes”
MICHAEL MENEZES MEMBER
“W. Daniel Best”
W. DANIEL BEST 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.