Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 15, 2025
CASE NO(S).: OLT-24-001128
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Core FSC Lakeshore Limited Partnership and Core FSC Lakeshore Group Inc.
Subject: Minor Variance
Description: To reduce minimum parking requirements for a 28-storey mixed-use building
Reference Number: A-025/24
Property Address: 2093, 2097, 2101 Old Lakeshore Road, and 2096 and 2100 Lakeshore Road
Municipality/UT: Burlington/Halton Region
OLT Case No.: OLT-24-001128
OLT Case Name: Core FSC Lakeshore Limited Partnership and Core FSC Lakeshore Group Inc. v. City of Burlington
Heard: March 11, 2025 in writing
APPEARANCES:
Parties
Core FSC Lakeshore Limited Partnership and Core FSC Lakeshore Group Inc. (“Appellant / Applicant”)
Counsel
David Bronskill
Parties
City of Burlington (“City”)
Counsel
Brittany Maione Andrea Peebles
DECISION DELIVERED BY L.P. YOU ON March 11, 2025 AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1This appeal arises under s. 45(12) of the Planning Act, R. S. O. 1990, c. P. 13, as amended, by the Appellant, with respect to the Committee of Adjustment’s (“COA”) refusal of variances related to the parking requirements for a 28-storey mixed-use building at the lands municipally known as 2093, 2097 and 2101 Old Lakeshore Road and 2096 and 2100 Lakeshore Road (“Subject Lands”).
2The Application proposes a total of 10 variances to the City Zoning By-Law 2020 (“City ZB”) for the development. Six of the 10 variances were granted by the COA. The remaining issues appealed to the Tribunal, namely variances 6, 7, 8, and 9, are related to the parking requirements and first floor height requirement for the Historical Building portion of the proposed building. The Appellant also appeals conditions 1, 3, and 4 imposed by the COA to the Tribunal. The City agrees with the Applicant that conditions 1, 3 and 4 would be addressed through the Current Site Plan approval process. Disposition of the matter has come before the Tribunal as a settlement proffered by the parties for the variances 6, 7, 8, and 9.
EXHIBITS
3The Tribunal confirms that it has received, reviewed and considered the following materials and submissions:
- Executed Minutes of Settlement (marked as Exhibit 1);
- Draft Order (marked as Exhibit 2); and,
- Affidavit of Service of Dana Anderson, a Registered Professional Planner, member of the Ontario Professional Planner’s Institute and fellow of the Canadian Institute of Planners (marked as Exhibit 3).
FINDINGS
4The Tribunal understands that the aforementioned sworn evidence of Ms. Anderson reflects revisions to the Application before the Tribunal that were reached through the cooperative efforts of the Parties. The settlement proposal addresses the City’s concerns about the reduced parking spaces by including two conditions of approval. The Tribunal finds the resolution is appropriate and acceptable.
5Ms. Anderson held the opinion that the variance related to the first storey height for the heritage building is a technical variance to recognize an existing condition and maintains the general intent and purpose of the City ZB, specifically s. 1.6.1(n).
6The Tribunal accepts the uncontested opinion evidence of Ms. Anderson, as presented in her statement, and finds that the settlement proposal meets the four tests set out in s. 45(1) of the Planning Act, R. S. O. 1990, c. P. 13, as amended (“Act”), represents good land use planning and reflects the public interest.
order
7THE TRIBUNAL ORDERS THAT the appeal is allowed, and the variances listed in the Attachment 1, to the City Zoning By-law 2020 are authorized subject to the conditions set out in Attachment 2 to this Order.
“L.P. You”
L.P. YOU 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.
ATTACHMENT 1
List of Variances
To permit a 60 cm x 1.2 m bicycle parking space size instead of the minimum required 60 cm x 1.8 m for vertical bicycle parking for the proposed 28-storey mixed-use building.
To permit 315 residential units instead of the maximum of 310 residential units for the proposed 28-storey mixed-use building.
To permit a 20.6 m south side yard (Old Lakeshore Road) instead of the minimum required 26.4 m to the mechanical penthouse for the proposed 28-storey mixed-use building.
To permit a maximum height of 92 m, including mechanical penthouse, instead of the maximum permitted height of 89 m for the proposed 28-storey mixed-use building.
To permit a floor area ratio of 7.95:1 instead of the maximum permitted 7.94:1 for the proposed 28-storey mixed-use building.
To permit 292 parking spaces instead of the minimum 316 spaces for the proposed 28-storey mixed-use building.
To permit 277 occupant parking spaces including 6 designated accessible spaces and 5 compact spaces instead of the minimum required 280 occupant spaces including 6 designated accessible spaces and 5 compact spaces for the proposed 28-storey mixed-use building.
To permit 9 visitor spaces including 2 designated accessible spaces instead of the minimum required 30 visitor spaces including 2 designated accessible spaces for the proposed 28-storey mixed-use building.
To permit a 3.6 m first storey height instead of the minimum required 4.5 m for the Historical Building portion of the proposed 28-storey mixed-use building.
To permit the first-floor elevation facing Lakeshore Road with 33% glazing instead of the minimum required 60% for the proposed 28-storey mixed-use building.
ATTACHMENT 2
Conditions of Approval
The Applicant agrees to provide a one-time contribution of $147,000 toward the downtown parking reserve prior to the issuance of the first building permit.
The Applicant shall demonstrate that the lands are consolidated, and that a record of consolidation be provided to the satisfaction of the Director of Community Planning or designate.