ISSUE DATE: October 21, 2025
CASE NO.: OLT-25-000914
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: St Gaspar’s Development Corp
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the construction of stacked townhouses
Reference Number: 23 203652 WET 07OZ
Property Address: 135 Plunkett Road
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-24-000914
OLT Lead Case No.: OLT-24-000914
OLT Case Name: St Gaspar’s Development Corp v. Toronto (City)
BEFORE:
N. EISAZADEH MEMBER Tuesday, the 21st day of October, 2025
THIS MATTER, in respect of the lands in the City of Toronto at 135 Plunkett Road (the “Subject Property”), having been heard at a public hearing on January 13, 2025, and the Ontario Land Tribunal (the “Tribunal”) having issued its interim decision on February 7, 2025 (the “Decision”) that the appeal under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13 in Tribunal Case No. OLT-24-000914 is allowed, and approving the proposed zoning by-law amendment (the “ZBA”) in principle;
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AND THE TRIBUNAL having issued its final order on June 3, 2025 (the “Final Order”) approving the ZBA in respect of the Subject Property;
AND THE TRIBUNAL having been advised by the appellant that the ZBA attached to the Final Order as Attachment 1 contained an inadvertent calculation error in that clause (G) of the ZBA incorrectly listed the gross floor area (“GFA”) as 13,060 square metres whereas clause (G) of the ZBA should have listed the approved GFA as being 14,219 square metres;
AND THE TRIBUNAL being satisfied that the error in the ZBA is a minor calculation error within the intent of Rule 24.4 of the Tribunal’s Rules of Practice and Procedure;
AND THE TRIBUNAL having received a request from the appellant for a correction to the Final Order in order to correct the minor error in the ZBA set out in Attachment 1 to the Final Order pursuant to Rule 24.4 of the Tribunal’s Rules of Practice and Procedure;
THEREFORE THE TRIBUNAL ORDERS in accordance with the Final Order, that:
a) The previously approved ZBA attached to the Final Order as Attachment 1 is hereby replaced with the revised ZBA attached hereto as Attachment 1;
b) City zoning by-law 569-2013 is hereby amended in the form attached hereto as Attachment 1;
c) Pursuant to Rule 24.3 of the Tribunal’s Rules of Practice and Procedure, notwithstanding the date of the issuance of this Order, this Order shall be deemed to be, and to have been, effective as of June 3, 2025, being the date that the Tribunal determined the request for the Final Order in this proceeding; and
d) The Tribunal authorizes the municipal clerk to assign a number to the ZBA for record keeping purposes.
“Matthew D.J. Bryan”
MATTHEW D.J. BRYAN 2
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.
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Authority: Ontario Land Tribunal Decision issued on xxxx and Ontario Land Tribunal Order issued on xxxx in Tribunal File OLT-24-000914
Attachment 1
CITY OF TORONTO BY-LAW XXX -2025(OLT)
To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2023 as 135 Plunkett Road.
Whereas the Ontario Land Tribunal, in its Decision issued on xxxx and its Order issued on xxxx in Tribunal file OLT-24-000914, in hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, ordered the amendment of Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2023 as 135 Plunkett Road;
The Ontario Land Tribunal, by Order, amends Zoning By-law 569-2013 as follows:
The lands subject to this By-law are outlined by heavy black lines on Diagram 1 attached to this By-law.
The words highlighted in bold type in this By-law have the meaning provided in Zoning By-law 569-2013, as amended, Chapter 800 Definitions.
Zoning By-law 569-2013, as amended, is further amended by adding the lands subject to this By-law to the Zoning By-law Map in Section 990.10, and applying the following zone label to these lands: RM (x434) as shown on Diagram 2 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding the lands subject to this By-law to the Policy Areas Overlay Map in Article 995.10.1 and applying no value.
Zoning By-law 569 -2013, as amended, is further amended by adding the lands to the Height Overlay Map in Article 995.20.1, and applying no value.
Zoning By-law 569 -2013, as amended, is further amended by adding the lands to the Lot Coverage Overlay Map in Article 995.30.1, and applying the following lot coverage label to these lands: 55, as shown on Diagram 3 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding Article 900.6.10 Exception Number 434 so that it reads:
(434) Exception RM 434
The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
Site Specific Provisions:
(A) On lands municipally known as 135 Plunkett Road, if the requirements of By-law [Clerks to insert By-law number] are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (P) below;
(B) Despite regulations 10.5.40.10(1), the height of a building or structure is the distance between the Canadian Geodetic Datum of 156.85 metres and the elevation of the highest point of the building or structure;
(C) Despite regulations 5.10.30.20(2) and 10.5.30.20(1), the front lot line is Plunkett Road;
(D) Despite regulation 10.80.30.40(1), the permitted maximum lot coverage, as a percentage of the lot area, is 55 percent;
(E) Despite regulation 10.80.40.10(1), the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 4 of By-law [Clerks to insert By-law number];
(F) Despite regulation 10.80.40.10(3), the permitted maximum number of storeys in a building is the number following the letters "ST" as shown on Diagram 4 of By- law [Clerks to insert By-law number];
(G) The permitted maximum gross floor area of all buildings and structures is 14,219 square metres;
(H) Despite Clause 10.80.40.70 and regulations 10.5.40.70(1) and 10.80.40.80(2), the required minimum building setbacks and main wall separation distances are as shown in metres on Diagram 4 of By-law [Clerks to insert By-law number];
(I) Despite regulation 10.5.40.60(1) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:
(i) balconies, by a maximum of 1.8 metres; and
(ii) below-grade terraces, by a maximum of 3.1 metres;
(J) Despite regulation 10.5.50.10(4), the provision of landscaping is subject to the following:
(i) the required minimum landscaping area is 3,150 square metres;
(ii) a minimum of 58 percent of the landscaping area required in (i), above, must be soft landscaping;
(K) Despite regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided in accordance with the following:
(i) a minimum of 0.96 residential occupant parking spaces for each dwelling unit; and
(ii) a minimum of 0.125 residential visitor parking spaces for each dwelling unit;
(L) Despite regulation 200.15.1(1), an accessible parking space must have the following minimum dimensions:
(i) length of 5.6 metres;
(ii) width of 3.4 metres; and
(iii) vertical clearance of 2.1 metres;
(M) Despite regulation 200.15.1(3), the entire length of an accessible parking space must be adjacent to a minimum 1.5 metre wide accessible barrier free aisle;
(N) Despite regulations 230.5.10.1(1), (3) and (5) and Table 230.5.10.1(1), bicycle parking spaces must be provided in accordance with the following minimum rates:
(i) 0.68 "long-term" bicycle parking spaces for each dwelling unit;
(ii) 0.07 "short-term” bicycle parking spaces for each dwelling unit;
(O) The provision of dwelling units is subject to the following:
(i) the permitted maximum number of dwelling units is 146 dwelling units;
(ii) a minimum of 15 percent of the total number of dwelling units must have 2 or more bedrooms;
(iii) a minimum of 10 percent of the total number of dwelling units must have 3 or more bedrooms; and
(iv) any dwelling units with 3 or more bedrooms provided to satisfy (iii) above are not included in the provision required by (ii) above;
(P) A minimum rate of 4.0 square metres of outdoor amenity space for each dwelling unit must be provided.
Prevailing By-laws and Prevailing Sections: (None Apply)
- Despite any severance, partition or division of the lands, the provisions of this By-law shall apply as if no severance, partition or division occurred.
Ontario Land Tribunal Decision issued on xxxx and Order issued on xxxx, in Tribunal File OLT- 24-000914.
TORONTO
Diagram 1
135 Plunkett Road
File #23 203652 WET 07 OZ
1'
City of Toronto By-law 569-2013
Not to Scale 04/16/2024
ltiTDRDNTD
Diagram 3
135 Plunkett Road
File #23 203652 WET 07 OZ
1'
City of Toronto By-law 569-2013
Notto Scale 04/16/2024
ltlORDNTO
Diagram 4
135 Plunkett Road
File #23 203652 WET 07 OZ
1'
City of Toronto By-law 569-2013
Notto Scale 04/16/2024