Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 11, 2024
CASE NO.: OLT-22-002205
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
Applicant/Appellant: 53 Yonge Portfolio Inc. and 55 Yonge Portfolio Inc.
Subject: Application to amend the Zoning By-law – Neglect to make a decision
Description: To amend Citywide Zoning By-law 569-2013 to permit an increase in the overall height and density on the site
Reference Number: BL 569-2013
Property Address: 53 & 55 Yonge Street
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-002205
OLT Lead Case No.: OLT-22-002205
OLT Case Name: 53 Yonge Portfolio Inc. & 55 Yonge Portfolio Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
Subject: Application to amend the Zoning By-law – Neglect to make a decision
Description: To permit a 67-storey mixed use building
Reference Number: BL 438-86
Property Address: 53 & 55 Yonge Street
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-002207
OLT Lead Case No.: OLT-22-002205
BEFORE:
SHARYN VINCENT
Thursday, the 11th
VICE-CHAIR
day of July, 2024
THIS MATTER, in respect of the lands in the City of Toronto at 53-55 Yonge Street (the “Subject Property”), having been heard at a public hearing on February 27, 2023, and the Ontario Land Tribunal (the “Tribunal”) having issued its decision and interim order on March 14, 2023 (the “Decision”) that the appeal under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13 (the “Appeal”) in Tribunal Case No. OLT-22-002205 should be allowed in part, and approving the proposed zoning by-law amendment in principle;
AND THE TRIBUNAL having withheld its final order, pending the satisfaction of conditions, including the receipt of the final form of the zoning by-law amendment in respect of the Subject Property;
AND THE TRIBUNAL now having received confirmation from the appellant and the City of Toronto of the fulfillment of the conditions of the Decision, including confirmation of the final form of the zoning by-law amendment, satisfactory to the City of Toronto, attached hereto as Schedule "A" to this Order;
THEREFORE THE TRIBUNAL ORDERS that the Appeal is allowed, and that Zoning By-law No. 569-2013 of the City of Toronto, as amended, is hereby amended in the manner set out in Schedule "A" to this Order;
The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number to these by-laws for record keeping purposes.
The Tribunal may be spoken to in the event any matter arises in connection with the implementation of this Order.
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
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.
Schedule "A"
ZONING BY-LAW AMENDMENT TO CITY OF TORONTO ZONING BY-LAW NO. 569-2013