Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 12, 2025
CASE NO.: OLT-21-001666
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Cosburn Developments Limited
Subject: Application to amend Zoning By-law - Refusal or neglect to make a decision
Description: To permit a residential apartment building which steps up to a height of 15 storeys
Property Address: 5-19 Cosburn Avenue and 8-40 Gowan Avenue
Municipality: City of Toronto
Municipality File No.: 20 232897 STE 14 OZ
OLT Case No.: OLT-21-001666
OLT Lead Case No.: OLT-21-001666
OLT Case Name: Cosburn Developments Limited v. Toronto (City)
BEFORE:
CARMINE TUCCI MEMBER
Monday, the 11th day of August, 2025
THIS MATTER having come on for a public hearing on June 8, 2023, and the Ontario Land Tribunal (the “Tribunal”) by way of a decision issued on September 5, 2023 (the “Decision”), having determined that the appeal under subsection 34(11) of the Planning Act (the “Appeal”) should be allowed, in part, and having approved the proposed redevelopment of the lands known municipally in the City of Toronto as 5-19 Cosburn Avenue and 8-40 Gowan Avenue, but withholding its final order pending the Tribunal being advised by the Parties that six (6) pre-conditions (the “Pre- Conditions”) had been satisfied;
AND THE TRIBUNAL having been advised by the Parties that the Pre-Conditions have been satisfied, including to the satisfaction of the City;
AND THE TRIBUNAL being satisfied that its direction as set out in the Decision has been met;
THE TRIBUNAL HEREBY ORDERS that the Appeal is allowed, in part, and that Zoning By-law No. 569-2013 of the City of Toronto, as amended, is hereby amended in the manner as set out in Attachment “1” to this Order. The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number of this by-law for record keeping purposes.
“Matthew D.J. Bryan”
MATTHEW D.J. BRYAN 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.
ATTACHMENT 1
ZONING BY-LAW AMENDMENT TO BY-LAW NO. 569-2013 OF THE CITY OF TORONTO
Authority: Ontario Land Tribunal Decision issued on September 5, 2023, and Ontario Land Tribunal Order issued on August 12, 2025, in Tribunal File OLT-21-001666
CITY OF TORONTO BY-LAW [XXXX]
To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2023 as 5-19 Cosburn Avenue and 8-40 Gowan Avenue.
Whereas the Ontario Land Tribunal, by its Decision issued on September 5, 2023 and its Order issued on August 12, 2025, in respect of Tribunal File OLT-21-001666, 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 2023 as 5-19 Cosburn Avenue and 8-40 Gowan Avenue; and
Whereas the Ontario Land Tribunal has the authority pursuant to Section 34 of the Planning Act, as amended, to pass this By-law;
The Ontario Land Tribunal Orders:
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 amending the zone label on the Zoning By-law Map in Section 990.1 respecting the lands outlined by heavy black lines from a zone label of RA (d2.0) to a zone label of RA (x 271) and OR as shown on Diagram 2 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding Article 900.7.10 Exception Number 271 so that it reads:
(271) Exception RA 271
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 5-19 Cosburn Avenue and 8-40 Gowan Avenue, if the requirements of By-law [XXX]-]XXXX] are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations
(B) to (Q) below;
(B) Despite Regulation 15.5.40.10(1), the height or a building or structure is measured from the Canadian Geodetic Datum elevation of 122.0 metres, and the elevation of the highest point of the building or structure;
(C) Despite Regulation 15.10.40.10(1), the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 3 of By-law [XXX]-]XXXX];
(D) Despite Regulations 15.5.40.10(2), (3), (4), and (6) and (C) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 3 of By-law [XXX]-]XXXX]:
(i) equipment used for the functional operation of the building, including electrical, utility, mechanical and ventilation equipment, as well as enclosed stairwells, roof access, generators, maintenance equipment storage, chimneys, and vents, by a maximum of 5.5 metres, subject to compliance with regulation 15.5.40.10(4);
(ii) cooling towers, elevator shafts and elevator machine rooms, by a maximum of 6.5 metres;
(iii) structures that enclose, screen, or cover the equipment, structures and parts of a building listed in (i) and (ii) above, including a mechanical penthouse, by a maximum of 6.5 metres;
(iv) architectural features, parapets, and elements and structures associated with a green roof, building maintenance units and window washing equipment, planters, landscaping features, guard rails, and divider screens on a balcony and/or terrace, trellises, pergolas by a maximum of 3.5 metres;
(v) chimneys, vents and flues may project beyond the items listed in (i) above, by a maximum of 1.5 metres; and
(vi) parapets, by a maximum of 1.1 metres;
(E) Regulation 15.5.100.1.(2) regarding driveway access to an apartment building
does not apply;
(F) Despite Regulation 15.10.40.40(1), the permitted maximum gross floor area of all buildings and structures is 27,350 square metres;
(G) The provision of dwelling units is subject to the following:
(i) A minimum of 15 percent of the total number of dwelling units must have two bedrooms; and
(ii) A minimum of 10 percent of the total number of dwelling units must have three or more bedrooms;
(H) Despite Regulation 15.5.50.10(1), a minimum of 25 percent of the area of the lot
must be for landscaping;
(I) Despite Clause 15.10.40.70, the required minimum building setbacks are as
shown in metres on Diagram 3 of By-law [XXX]-]XXXX];
(J) Regulation 15.10.40.80(1), with respect to the minimum required separation distance between main walls of the same residential building does not apply;
(K) Despite Clause 15.5.40.60 and (I) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:
(i) decks, porches, and balconies, and associated guards and guardrails, railings and privacy screen by a maximum of 2.0 metres.
(ii) Notwithstanding (i) above, continuous balcony projections greater than
15.0 metres in length are not permitted above a building height of 28.2 metres as shown on Diagram 3 of By-law [xxx-xxxx];
(iii) Notwithstanding (i) above, continuous balcony projections greater than
26.0 metres in length are not permitted below a building height of 28.2 metres, as shown on Diagram 3 of By-law [XXX]-]XXXX];
(iv) Notwithstanding (i) above, continuous balcony projections may extend around two adjoining main walls of the building, provided that the balcony does not exceed 12.0 metres in length on either side of the building;
(v) Despite (i) above, balcony projections are not permitted on the hatched areas shown on Diagram 3 of By-law [xxx-xxxx];
(vi) Despite (i) above balcony projections must be setback a minimum of 3.0 metres from any lands in the Open Space zone category;
(vii) guards and guardrails, railings, parapets, terraces, privacy and wind screens, and landscape planters to a maximum extent of the main wall of the storey below;
(viii) canopies, awnings, roof overhangs, by a maximum of 3.0 metres on the north main wall of the building, and a maximum of 2.0 metres in all other areas;
(ix) exterior stairs, access ramps and elevating devices, by a maximum of
2.5 metres;
(x) lighting fixtures, ornamental elements, and architectural features, such as a pilaster, decorative column, cornice, sill, belt course, or chimney breast, by a maximum of 1.5 metres;
(xi) utility metres and associated enclosures may be located a minimum of
1.0 metre away from the lot line.
(L) Despite Regulation 970.10.15.5(5) and Table 970.10.15.5, parking spaces must be provided in accordance with the following:
(i) Residential occupant parking spaces:
(a) a maximum rate of 0.7 for each bachelor dwelling unit up to 45 square metres and 1.0 for each bachelor dwelling unit greater than 45 square metres; and
(b) a maximum rate of 0.8 for each one bedroom dwelling unit; and
(c) a maximum rate of 0.9 for each two bedroom dwelling unit; and
(d) a maximum rate of 1.1 for each three or more bedroom dwelling unit; and
(ii) a minimum of 2 parking spaces plus 0.05 residential visitor parking spaces for each dwelling unit;
(iii) the number of required parking spaces for residential occupants as set out in (i) above, must include 2 “car-share parking spaces”;
(iv) for the purpose of this exception, "car-share" or “car sharing” means the practice where a number of people share the use of one or more cars that are owned by a profit or non-profit car-sharing organization and where such organization may require that use of cars to be reserved in advance, charge fees based on time and/or kilometres driven, and set membership requirements of the car-sharing organization, including the payment of a membership fee that may or may not be refundable; and
(v) "Car-share parking space" means a parking space that is reserved and actively used for car-sharing and must be for the exclusive use of the residents of the building;
(M) Equipment for the charging of one electric vehicle is permitted within a parking space, subject to the equipment being located in the same parking space as the vehicle to be charged and:
(i) being within 0.25 metres of two adjoining sides of the parking space which are not adjacent and parallel to a drive aisle from which vehicle access is provided, measured at right angles; or
(ii) being at least 5.35 metres from a drive aisle from which vehicle access is provided, measured at right angles, and at least 1.0 metre from the ground;
(N) Despite Regulation 200.5.1.10(2)(A)(iv) and (D), a maximum of 10 percent of the total parking spaces provided may have a minimum width of 2.6 metres, despite being obstructed on one or both sides;
(O) Despite Regulations 200.15.15(1) and 970.10.15.5(11), the number of accessible
parking spaces must be provided in accordance with Clause 200.15.10.5;
(P) 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;
(iii) vertical clearance of 2.1 metres; and
(iv) the entire length of an accessible parking space must be adjacent to a
1.5 metre wide accessible barrier free aisle or path;
(Q) Despite Regulation 230.5.1.10(4)(C) and 230.5.1.10(4)(A)(ii), the minimum dimension of a stacked bicycle parking space is:
(i) length of 1.8 metres;
(ii) width of 0.45 metres; and
(iii) vertical clearance from the ground of 1.9 metres;
(R) Despite Regulation 230.20.1.20(1), a “long-term” bicycle parking space may be located in a secured room, enclosure, or bicycle locker;
(S) Despite Regulation 230.20.1.20(2), a "short-term" bicycle parking space may be no more than 50 metres from a pedestrian entrance to the apartment building on the lands.
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.
None of the provisions of Zoning By-law 569-2013, as amended, or this By-law apply to prevent the erection and use of a temporary sales centre on the lands to which this By-law applies, which shall mean an office, showroom or sales trailer used exclusively for the initial sale and/or leasing of dwelling units or non-residential units to be erected on the lot, for a period of 3 years.
Ontario Land Tribunal Decision issued on September 5, 2023 and Ontario Land Tribunal Order issued on August 12, 2025, in Tribunal File OLT-21-001666