430 Royal York LP v. Toronto (City), 2025 CanLII 79642

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 08, 2025

CASE NO(S).: OLT-25-000377

PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, R.S.O. 1990, c. 11, Sched. A.

Applicant/Appellant: 430 Royal York GP Inc., as general partner on behalf of 430 Royal York LP

Subject: Site Plan

Description: Development of a nine-story mixed use apartment building

Reference Number: 23 119677 WET 03 SA

Property Address: 428-430 Royal York Road

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-25-000377

OLT Lead Case No.: OLT-25-000377

OLT Case Name: 430 Royal York LP v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Subject: Minor Variance

Description: Development of a nine-story mixed use apartment building

Reference Number: 25 110989 WET 03 MV

Property Address: 428-430 Royal York Road

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-25-000378

OLT Lead Case No.: OLT-25-000377

Heard: August 5, 2025 by Video Hearing

APPEARANCES:

Parties Counsel

430 Royal York GP Inc. Max Laskin Joe Hoffman (in absentia)

City of Toronto Lauren Pinder Sara Amini (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE ON AUGUST 5, 2025, AND ORDER OF THE TRIBUNAL

Link to Order

BACKGROUND

1430 Royal York GP Inc. (“Appellant”) applied (“MVA”) to the City of Toronto (“City”) Committee of Adjustment (“CoA”) for a minor variance from Zoning By-law No. 569-2013 (“ZBL”) to permit the construction of nine-storey mixed use apartment building containing 60 purpose built rental units and 100 square metres (“m²”) retail at-grade at 428-430 Royal York Road (“subject property”).

2The subject property, located on the west side of Royal York Road, south of the Gardiner Expressway, comprises two properties – 428 and 430 Royal York Road. The subject property has a total area of 835.2 m². The subject property is currently occupied by a two-storey single-detached family home at 428 Royal York Road and a two-storey mixed use building at 430 Royal York Road that was once occupied as a commercial unit at-grade, with three rental units above.

3The minor variances requested are as follows:

Floor Space Index (“FSI”): The Maximum FSI is 3.0 times the area of the lot, whereas 5.66 times the area of the lot is proposed.
Bike Parking: A total of 5 short term spaces outside are required. Zero spaces are provided on the subject property.
Minimum Visitors Parking Requirements: Four (4) visitors parking spaces are required, zero (0) are proposed.
Minimum Accessible Parking Requirements: Two (2) accessible parking spaces are required, one (1) is proposed.
Type ‘G’ Loading Requirements: One (1) Type ‘G’ Loading Space is Required, zero (0) are proposed.
Bicycle Parking Space Dimensions: The minimum width of a bicycle parking space is 0.6 metres. The proposed width is 0.45 metres.
Height: The maximum height is 14.0 metres, whereas 29.73 metres is proposed.
Landscape Strip: A 1.5 metre soft landscape strip is required for lands abutting a Residential Zone category or Residential Apartment Zone category. A soft landscape strip is not provided.
Minimum Height of First Storey: The minimum height of the first storey, measured between the floor of the first storey and the ceiling of the first storey, is 4.5 metres. The proposed height of the first storey is 3.2 metres.
Angular Plane: If a lot abuts a Residential Zone category or Residential Apartment Zone category, then building may not penetrate a 45 degree angular plane along the entire required rear yard setback, starting at a height of 7.5 metres above the average elevation of the ground along the rear lot line. The proposed building penetrates the angular plane.

4On April 24, 2025, Community Planning staff issued a Staff Report (“Report”) that expressed no concerns with the MVA, noting the subject property’s location along the recent Council-adopted Avenues designation and alignment with the City’s direction for mid-rise buildings. The Report listed recommended conditions of approval, including tying the approval to drawings to secure the first-floor height, building height, and angular plane projection. An agreement pursuant to [s. 45(9)](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p1