Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 17, 2025

CASE NO(S).: OLT-22-002213 (Formerly PL200396), OLT-24-000609

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 1322104 Ontario Inc.

Subject: Application to amend Zoning By-law No. 569-2013 and Etobicoke Zoning Code - Refusal or neglect of City of Toronto to make a decision

Existing Zoning: Zoning By-law: 569-2013 - RM(u4)(x2), Etobicoke Zoning Code – RM-1

Proposed Zoning: Zoning By-law: 569-2013 - RM(u4)(x2) Site Specific, Etobicoke Zoning Code – RM-1 Site Specific

Purpose: To permit the redevelopment of the Site into 14, back-to-back, 3-bedroom townhouse units

Property Address/Description: 80 Thirtieth Street

Municipality: City of Toronto

Municipality File No.: 19 262483 WET 03 OZ

OLT Case No.: OLT-22-002213

Legacy Case No.: PL200396

OLT Lead Case No.: OLT-22-002213

Legacy Lead Case No.: PL200396

OLT Case Name: 1322104 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

Appellant: 1322104 Ontario Inc.

Subject: Site Plan

Description: To permit development of 14 back-to-back, three (3)-bedroom townhouse units within a three (3)-storey built form

Reference Number: 24 124733 WET 03 SA

Property Address: 80 Thirtieth Street

Municipality/UT: Toronto

OLT Case No.: OLT-24-000609

OLT Lead Case No.: OLT-24-000609

OLT Case Name: 1322104 Ontario Inc. v. Toronto (City)

Heard: April 14, 2025 by Video Hearing

APPEARANCES:

Parties	Counsel
1322104 Ontario Inc. ("Appellant" / "Applicant")	Giouzelin Mutlu
City of Toronto ("City")	Adam Ward, Ray Kallio
Metrolinx	Adrianna Pilkington

MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON April 14, 2025, AND ORDER OF THE TRIBUNAL

Introduction and Background

1OLT Case File No. OLT-22-002213 ("ZBA Appeal") is an appeal of an application for a Zoning By-law Amendment ("ZBA") to permit 14 back-to-back townhouse units at 80 Thirtieth Street. Pursuant to an Order issued on May 2, 2022, the Tribunal approved the requested ZBA subject to the fulfillment of certain post-approval conditions (see: 1322104 Ontario Inc. v Toronto (City), 2022 CanLII 37727 (ON LT)). Subsequent to that Order, the Applicant filed a Site Plan approval appeal concerning the same development (OLT Case File No. OLT-24-000609; "Site Plan Appeal"). Following this, issues arose regarding Metrolinx's refusal to clear one of the post-approval conditions (known as "Condition B") associated with the ZBA Appeal Order due to rail safety concerns. This refusal prevented final approval of the proposed ZBA. These same rail safety concerns were then raised again by Metrolinx in connection with the Site Plan Appeal, and the Site Plan Appeal also could not proceed without the ZBA Appeal being finally resolved. As a result, in an effort to move both appeals forward, the Tribunal Ordered that the remaining issues of the ZBA Appeal be heard together with the Site Plan Appeal (see: 1322104 Ontario Inc. v Toronto (City), 2024 CanLII 101416 (ON LT)). The Tribunal notes that Metrolinx also subsequently joined both proceedings as a Party to represent its interests first hand (see: 1322104 Ontario Inc. v Toronto (City), 2024 CanLII 120318 (ON LT)).

2At the time when the matters were Ordered to be heard together and when Metrolinx was added as a Party, two post-approval conditions remained outstanding: (1) the above noted Condition B, which Metrolinx refused to clear due to rail safety concerns; and (2) "Condition A", which required the Chief Planner and Executive Director, City Planning and the City Solicitor to be satisfied with the final form of the ZBA. As explained by the City, the City would not clear Condition A without Condition B being cleared first.

3As a consequence of all this, the Tribunal scheduled a two-day Hearing, to commence on Monday, April 14, 2025, to address issues concerning the outstanding post-approval conditions. The Tribunal has since been informed that Condition B is now cleared, leaving only Condition A as being still unresolved.

4Regarding Condition A, the Tribunal has now been informed that certain technical changes to the City's planning policies and procedures has taken place since the 2022 Decision, and the City now requires a number of corresponding technical changes to be made to the proposed ZBA before it will clear Condition A. As a result, in order to facilitate the City's clearing of Condition A, the present hearing has been converted to a settlement hearing to receive expert planning evidence in support of such changes.

The Revised Zoning By-law Amendment

5Evidence was provided by Stephanie Matveeva through her sworn affidavit. In her affidavit, she provides a comparative chart to highlight the changes within the revised ZBA now being proposed. She opined that the revised ZBA implements the same objectives and purposes of the formerly proposed ZBA "in principle" by maintaining the site-specific zoning regulations that are consistent with the same development proposal and plans considered by the Tribunal.

6The Tribunal accepts this evidence and is further satisfied that the proposed changes are principally technical in nature, reflecting certain technical changes to the City's planning policies and procedures, and further that the revised proposed ZBA does not otherwise reflect any substantive changes to the originally considered development plans. The Tribunal further confirms that it finds nothing in the changes that might impact the Tribunal's former considerations regarding provincial interests found in s. 2 of the Planning Act, nor consistency with the Provincial Planning Statement, 2024. The Tribunal therefore approves the changes to the proposed ZBA as set out at Attachment 1 below without any further post-approval conditions.

Site Plan Appeal

7Given the above outcome, the Site Plan Appeal may now proceed and the Parties propose that the Tribunal set a case management conference to deal with that Appeal. At their request, the Tribunal set a one-day hearing commencing by video on Monday, June 23, 2025, at 10 a.m., with a draft Procedural Order due two weeks prior. No further Notice is required.

8Parties and Participants are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:

GoTo Meeting: https://global.gotomeeting.com/join/656004293

Access Code: 656-004-293

9Parties 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html

10Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The Access Code is as indicated above.

11Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal's Case Coordinator.

ORDER

12THE TRIBUNAL ORDERS THAT:

1. Regarding OLT Case File No. OLT-22-002213, the appeal is allowed, in part, and the City of Toronto Zoning By-law No. 569-2013, is hereby amended as set out in Attachment 1 to this Order. The Tribunal authorizes the municipal clerk of City of Toronto to assign a number to this by-law for record keeping purposes.

2. Regarding OLT Case File No. OLT-24-000609, a Case Management Conference shall be held, the particulars of which are set out above, and the Parties shall jointly file a draft Procedural Order and with Issues List no later than 14 days prior to the Case Management Conference.

13The Tribunal may be spoken to in the event that some matter should arise in connection with the implementation of this Order.

"K.R. Andrews"

K.R. ANDREWS 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.

ATTACHMENT 1

Authority: Ontario Land Tribunal Decision and Order Issued on X in Tribunal File OLT-22-002213

CITY OF TORONTO

BY-LAW [Clerks to insert By-law number]-XXXX (OLT)

To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2024 as 80 Thirtieth Street.

Whereas the Ontario Land Tribunal, by its Decision issued on X and its Order issued on X, in respect of Tribunal File OLT-22-002213 (formerly PL200396), upon hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P13, as amended, determined to amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2024 as 80 Thirtieth Street; and

Whereas the Ontario Land Tribunal has the authority pursuant to Section 34 of the Planning Act, as amended, to pass this By-law; and

The Ontario Land Tribunal Orders:

1. The lands subject to this By-law are outlined by heavy black lines on Diagram 1 attached to this By-law.

2. The words highlighted in bold type in this By-law have the meaning provided in Zoning By-law 569-2013, Chapter 800 Definitions.

3. Zoning By-law 569-2013, as amended, is further amended by amending the zone label on the Zoning By-law Map in Section 990.10 respecting the lands outlined by heavy black lines from a zone label of RM (u4)(x2) to a zone label of RT (x373) as shown on Diagram 2 attached to this By-law.

4. Whereas pursuant to Section 39 of the Planning Act, as amended, the council of a municipality may, in a by-law passed under Section 34 of the Planning Act, authorize the temporary use of land, buildings or structures for any purpose set out therein that is otherwise prohibited in the by-law;

5. Zoning By-law 569-2013, as amended, is further amended by amending Article 900.5.10 Exception Number 373 so that it reads:

(373) Exception RT 373

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 80 Thirtieth Steet, if the requirements of By-law [CLERKS TO INSERT X-XXXX(OLT)] are complied with, a building or structure may be constructed, used or enlarged in compliance with regulations (B) to (Y) below;

(B) For the purposes of this exception, regulations 10.60.30.10(1) and (2), regarding minimum lot area, do not apply;

(C) For the purposes of this exception, regulation 10.60.30.20(1), regarding minimum lot frontage, does not apply;

(D) Despite regulation 10.60.30.40(1), the maximum permitted lot coverage for all principal buildings and structures is 35 percent of the lot area;

(E) Despite regulation 10.60.40.1(3), the minimum width of a dwelling unit in a townhouse is 4.0 metres;

(F) Despite regulation 10.60.40.10(1), the permitted maximum height for all buildings and structures is the numerical value, in metres, following the letters HT as shown in metres on Diagram 3 of By-law [CLERKS TO INSERT X-XXXX(OLT)];

(G) Despite regulations 10.5.40.10(2) and (3) and (F) above, the following elements of a building or structure may exceed the maximum permitted height:

(i) equipment used for the functional operation of the building, such as electrical, utility, mechanical, and ventilation equipment, by a maximum of 2.0 metres;

(ii) structures or parts of the building used for the functional operation of the building, such as enclosed stairwells, roof access, maintenance equipment storage, elevator shafts, chimneys, vents, and water supply facilities, by a maximum of 2.0 metres;

(iii) structures that enclose, screen, or cover the elements listed in (i) and (ii) above, by a maximum of 2.0 metres;

(iv) wind screens, parapets, fences, guard rails, railings and dividers, balustrades, screens, window washing equipment, chimneys, vents, lighting rods, light fixtures, architectural features, by a maximum of 2.0 metres;

(v) antennae, flagpoles, satellite dishes, and weather vanes, by a maximum 1.5 metres;

(vi) skylights, by a maximum of 1.0 metre;

(H) For the purposes of this exception, regulation 10.60.40.40(1), regarding maximum floor space index does not apply;

(I) Despite Clause 10.60.40.70, the required minimum building setbacks are as shown in metres on Diagram 3 of By-law [CLERKS TO INSERT X-XXXX(OLT)];

(J) Despite regulations 10.5.40.60(1), (3), and (7), and 10.5.40.50(2), the following elements may encroach into the required minimum building setbacks and main wall separation distances:

(i) in the rear yard, platforms without main walls, may be located in the greyed-out area as shown on Diagram 3 of By-law [CLERKS TO INSERT X-XXXX(OLT)];

(ii) platforms without main walls, to a minimum of 2.2 metres from a side yard lot line;

(iii) exterior stairs providing pedestrian access to a building or structure, by a maximum of 2.5 metres; and

(iv) eaves, by a maximum of 0.8 metres;

(K) Despite regulation 10.5.50.10(1)(D), a minimum of 20 percent of the front yard must be soft landscaping;

(L) Despite regulation 10.5.50.10(3)(A), a minimum of 20 percent of the rear yard must be soft landscaping;

(M) Despite regulation 10.5.60.10(1), an ancillary building or structure may be located in the front yard;

(N) Despite regulations 10.5.60.20 (2), (3), (5), (6) and (11) and (M) above, the required minimum setbacks for an ancillary building or structure on the lot are:

(i) 0.0 metres from the side yard lot line;

(ii) 0.2 metres from the front yard lot line; and

(iii) 0.0 metres from the rear yard lot line;

(O) Despite regulation 10.5.60.30(1), an ancillary building or structure with a height greater than 2.5 metres, or a gross floor area greater than 10 square metres, must be at least 13 metres from a residential building on the same lot;

(P) Despite regulation 10.5.60.40(2), the permitted maximum height of an ancillary building or structure is 4.65 metres;

(Q) Despite regulation 10.5.60.50(2), the permitted total floor area of all ancillary buildings or structures on a lot is 280 square metres;

(R) Despite regulation 10.5.60.70(1)(B), the area of the lot covered by all ancillary buildings and structures may not exceed 15 percent of the lot area;

(S) For the purpose of this exception, a minimum of 60 square metres of outdoor amenity space must be provided on the lot;

(T) Despite Clause 970.10.15.5 and Table 970.10.15.5, parking spaces must be provided for a townhouse building containing dwelling units in accordance with the following:

(i) 28 parking spaces for residents; and

(ii) 3 parking spaces for visitors;

(U) For the purposes of this exception, regulation 10.5.80.1(2), regarding ancillary outdoor areas for parking does not apply;

(V) Despite regulation 10.5.80.10(3), 2 parking spaces may be located in the front yard;

(W) For the purposes of this exception, Clause 200.15.1.4, regarding location of accessible parking spaces does not apply;

(X) Despite regulations 200.15.10.10(1) and 970.10.15.5(11), 1 accessible parking space must be provided;

(Y) Despite regulation 10.5.100.1(3)(B), a driveway may have a maximum total width of 6.75 metres;

Prevailing By-laws and Prevailing Sections: (None Apply)

6. Despite any severance, partition or division of the lands, the provisions of this By-law must apply as if no severance, partition or division occurred.

7. None of the provisions of By-law 569-2013, as amended, or this By-law apply to prevent the erection and use of a temporary sales office on the lands to which this By-law applies.

Ontario Land Tribunal Decision issued on X, and Ontario Land Tribunal Order issued on X in Tribunal File OLT-22-002213 (Formerly PL200396)